NIST OWM Analysis

2023 NCWM Annual L&R Agenda Items 

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NIST Office of Weights and Measures (OWM) Analysis

Laws and Regulations (L&R)

2023 NCWM Annual Meeting Agenda

The NIST OWM Analysis is submitted to assist the Weights and Measures community as it deliberates on 

items before the Conference. NIST OWM offers these comments and recommendations based upon 

information and input available as of the date of this report. This does not address information received 

after this date.

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

to be added. Requirements that are proposed to be nonretroactive are printed in boldfaced italics. 

Assessment of items contained within this report is as of July 6, 2023 and does not address information 

received after this date.

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 
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Subject Series List - Laws and Regulations Committee

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

Uniform Laws

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

Uniform Weighmaster Law................................................................................................. WMR 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

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

WML - Uniform Weights and Measures Law ...........................................................................6

MOS – Uniform Regulation for the Method of Sale of Commodities ...................................10

UPR – Uniform Unit Pricing Regulation.................................................................................35

NTP – Uniform Regulation for National Type Evaluation .....................................................39

FLR – Uniform Fuels and Automotive Lubricants Regulation .............................................44

PPV – Examination Procedure for Price Verification............................................................52

NET – Handbook 133: Checking the Net Content of Packaged Goods ...............................54

OTH – Other Items .............................................................................................................105

Item Block 1 (B1) Renewable Diesel and Diesel ............................................................109
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Item Block 2 (B2) Gasoline ...............................................................................................119

Item Block 3 (B3) Cannabis ..............................................................................................126

Item Block 4 (B4) E-commerce .........................................................................................157

Item Block 6 (B6) Transmission Fluid..............................................................................198

References: .............................................................................................................203

Appendix A. Supplemental Documents...............................................................................203

Appendix B. List of Symbols, Abbreviations, and Acronyms............................................203
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Table 1. Reporting Structure

Note: The analysis considered information and comments submitted as of the date of this analysis and will not 

reflect any information presented after that date.

Source: Name and affiliation of submitter. 

Submitter’s Purpose and Justification: The submitter’s concise statement as to the intent or purpose of this 

proposal. The justification describes the national importance, background on the issue, and may contain references 

to supporting data or documents. The justification may be summarized by OWM.

NIST OWM Executive Summary: High level points that summarize the Technical Aspects of the item and 

recommendations pertaining to the Item Under Consideration.

Table 2. Summary of Recommendations 

Item Under Consideration – The latest language that the Committee has moved forward as the Item membership 

is considering. OWM has applied the appropriate formatting according to NIST Handbooks.

NIST OWM Detailed Technical Analysis – A detailed analysis with background information and 

recommendations from the Office of Weights and Measures (OWM).

Summary of Discussions and Actions – An OWM summary of details and discussion on this Item. This includes 

discussion and decisions of the Standing Committee. This may also include information from sectors, trade 

associations, task groups, and subcommittees.

Regional Association Reporting – An OWM summarization of the Regional Association Meeting finalized 

reports.

• Each region will be identified by their regional acronym along with the year and meeting.

• The meeting within each region will be in chronological order.

• This information is taken directly from the Regional Association Final report.

• The Technical Advisor may reach out to the regional Chair for clarification.
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Details of All Items

(In order by Reference Key)

WML - Uniform Weights and Measures Law 

WML-23.1 V Section 10. Certificate: Required Entries 

Source: NIST Office of Weights and Measures

Submitter’s Purpose and Justification:

Allow the use of electronic signatures on certificates. The Uniform Weighmaster Law (UWL) is broadly 

worded that it does not specify whether cursive or other handwriting be used to sign tickets. Section 10. 

“Certificate: Required Entries,” of the UWL reads that a weigh ticket, when properly filled out and 

signed, shall be accepted as evidence of the accuracy of the recorded measurement. A full identification 

of the weighmaster is required by Section 10(b)(1) that requires the name and license number of the 

weighmaster be furnished and Section (10)(b)(12) requires that signature to be of the public weighmaster 

who determined the weight, measure, or count. 

OWM has reviewed the UWL, NCWM Annual Meeting Reports, and information provided by other 

states and recommends that Section 10 allow the use of electronic signatures. Another justification for

allowing the use of electronic signatures is they are widely permitted under both Federal and State Laws. 

At the Federal level the 2000 Electronic Signatures in Global and National Commerce Act which is in 15 

U.S. Code § 7001 provides that electronic signatures on contracts, or other records relating to such 

transactions may not be denied legal effect, validity, or enforceability solely because they are in electronic 

form. 

OWM has also learned that most states adopt the Uniform Electronic Transactions Act (UETA 

https://www.uniformlaws.org/home) which promotes the use of electronic signatures and provides 

adequate protections for buyers and sellers alike. While both the Federal and State exempt some business 

and applications the purpose of these laws is to prevent fraud and abuse while facilitating the use of 

electronic signatures to promote modern business and communications practices. The UETA was 

developed by the National Conference of Commissioners on Uniform Laws in 1999 to establish the legal 

equivalence of electronic records and signatures with paper writings and manually signed signatures, to 

remove barriers to electronic commerce. There are 47 and the District of Columbia, U.S. Virgin Islands, 

Puerto Rico which have adopted the UETA. Three states have not adopted UETA but do have their own 

state statues - New York, Illinois, and Washington.

The submitter requested that this be a Voting Item in 2022.

NIST OWM Executive for WML-23.1 – Section 10. Certificate: Required Entries

NIST OWM Recommendation: OWM believes this item is fully developed and ready for Voting 

status.

• This adds a “Note” to Section 10 to inform the user that electronic signatures are acceptable if 

a State has a digital signature statute
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• OWM has learned that 49 states, the District of Columbia, U.S. Virgin Islands have adopted 

the UETA most states adopt the Uniform Electronic Transactions Act (UETA 

https://www.uniformlaws.org/home) which promotes the use of electronic signatures. New 

York has not adopted UETA but has enacted a similar statue. 

Table 2. Summary of Recommendations

WML-23.1. – Section 10. Certificate: Required Entries

Status Recommendation Note* Comments

Submitter Voting

OWM Voting

WWMA Voting

NEWMA Voting

SWMA Voting

CWMA Voting

NCWM Voting

*Notes Key:

1 Submitted modified language

2 Item not discussed

3 No meeting held

4 Not submitted on agenda

5 No recommendation or not considered

Item Under Consideration:

Section 10. Certificate: Required Entries

(a) The certificate, when properly filled out and signed [see Section 10, Note 2] shall be prima facie evidence 

of the accuracy of the measurements shown.

(b) The design of and the information to be furnished on a weight certificate shall be prescribed by 

the Director and will include, but not be limited to, the following: 

(1) the name and license number of the public weighmaster;

(2) the kind of commodity weighed, measured, or counted; 

(3) the name of the owner, agent, or consignee of the commodity; 

(4) the name of the recipient of the commodity, if applicable;

(5) the date the certificate is issued;

(6) the consecutive number of the certificate;

(7) the identification, including the identification number, if any, of the carrier transporting the 

commodity and the identification number or license number of the vehicle;
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(8) other information needed to distinguish or identify the commodity from a like kind;

(9) the number of units of the commodity, if applicable;

(10) the measure of the commodity, if applicable;

(11) the weight [see Section 10 NOTE 1] of the commodity and the vehicle or container (if applicable) 

broken down as follows: 

i. the gross weight of the commodity and the associated vehicle or container;

ii. the tare weight of the unladened vehicle or container; or

iii. both the gross and tare weight and the resultant net weight of the commodity;

(12) signature [see Section 10, Note 2] of the public weighmaster who determined the weight, measure, or 

count. 

Section 10. NOTE 1: When used in this Law, the term “weight” means “mass.” (See paragraph L. 

“Mass” and “Weight” in Section I. Introduction, of NIST Handbook 130 for an explanation of these 

terms.)

(Note Added 1993) 

Section 10. NOTE 2: Electronic signatures are acceptable if a State has a statute that allows for

digital or electronic signatures (Uniform Law Commission, Electronic Transactions Act 

[UETA] www.uniformlaws.org) 

(Added 20XX)

NIST OWM Detailed Technical Analysis:

OWM has learned that 49 states, the District of Columbia, and U.S. Virgin Islands have adopted the 

UETA. Most states adopt the Uniform Electronic Transactions Act (UETA

https://www.uniformlaws.org/home) which promotes the use of electronic signatures. New York has 

not adopted UETA but has enacted a similar statue. 

The Uniform Weights and Measures Law is currently broadly worded and recommends the allowance of 

electronic signatures which are widely permitted under both Federal and State Law.

UETA Section 7 gives legal recognition to electronic signatures, records, and contracts. 

(a) A record or signature may not be denied legal effect or enforceability solely because it is in 

electronic form.

(b) A contract may not be denied legal effect or enforceability solely because an electronic record 

was used in its formation.

(c) If a law requires a record to be in writing, an electronic record satisfies the law.

(d) If a law requires a signature, an electronic signature satisfies the law.
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OWM supports modifying the Uniform Weights and Measures Law to allow for the use of electronic 

signatures.

Summary of Discussions and Actions:

At the 2023 NCWM Interim Meeting, Matthew Curran (Florida) remarked the states have a statue that 

allows for digital and electronic signatures. David Sefcik (NIST OWM) reminded members that this is 

only adding a note referencing digital signatures. Kevin Schnepp (California) stood in support of the item 

with a minor editorial change, that would include a reference to the National Security Standard.

During the Committee work session, they modified the note to read that the electronic signatures are 

acceptable if a state has a statute that allows for it. There was no additional discussion regarding Kevin

Schepp’s comment to include a reference to the National Security Standards.

Regional Association Reporting: 

Western Weights and Measures Association

At the 2022 WWMA Annual Meeting, Kevin Schnepp (CDFA/DMS) supported this item moving 

forward provided a national security standard be developed to limit potential fraud. Kurt Floren (Los 

Angeles County, California) asked whether a security standard should be developed locally rather than 

nationally. Kevin Schnepp suggested a national standard for uniformity would be most appropriate. The 

WWMA L&R Committee recommended Voting status based on the comments heard.

Central Weights and Measures Association

At the 2022 CWMA Interim Meeting, no comments were heard on this item. The Committee believes 

this item is fully developed and ready for Voting status.

At the 2023 CWMA Annual Meeting, John McGuire (NIST OWM) stated this item is a NIST proposal. 

OWM believes this item is fully developed and ready for Voting status. This item adds a “Note” to 

Section 10 to inform the user electronic signatures are acceptable if a state has a digital signature statute. 

The Committee believes this item is fully developed and ready for voting status.

Southern Weights and Measures Association

At the 2022 SWMA Annual Meeting, Dr. Curran (Florida) commented that he was fine with the intent, 

especially in the age of digital signatures. He recommended that Section 10 Note 2 needed a semantic 

change to allow it to be broader and suggested the following change “statue that includes digital 

signatures”. Lisa Warfield (NIST OWM) commented that this item had been previously brought forward 

several years ago, but this editorial change wasn’t included in the handbooks. All but three states adopt 

the Uniform Electronic Transaction Act. Hal Prince (Florida) commented that Florida does not adopt 

WAM law since it does not affect them. He believes this is a state issue and should not be in the 

handbook and would like the item to be withdrawn.

The Committee concurred with Dr. Curran’s comment. The SWMA L&R Committee moves the 

following modified language forward:
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Section 10. NOTE 2: Electronic signatures are acceptable if a State has a statute that allows for 

digital and/or electronic signatures (Uniform Law Commission, Electronic Transactions Act 

{UETA} www.uniformlaws.org) 

(Added 20XX)

With these changes the Committee considers this item fully developed and recommends it as a Voting 

Item.

Northeastern Weights and Measures Association

At the 2022 NEWMA Interim Meeting, Lisa Warfield commented that this modification is adding a 

“note” to Section 10 of the Weights and Measures Law which recognizes electronic signatures. OWM 

has learned that most states adopt the Uniform Electronic Transactions Act (UETA) which promotes the 

use of electronic signatures. She indicated 47 states, the District of Columbia, U.S. Virgin Islands, and 

Puerto Rico have adopted the UETA. The remaining three states; New York, Illinois, and Washington 

have their own state statutes recognizing electronic signatures. John McGuire (New Jersey) commented 

that the State of New Jersey has seen an increase in fraudulent certificates issued through weighmasters. 

He further indicated that the state is reviewing their requirements to determine if additional or different 

requirements are needed. Cheryl Ayer (New Hampshire) expressed concern that enforcement is difficult 

but supports the item moving forward as a Voting Item. Walt Remmert (Pennsylvania) agreed and 

supports the item as a Voting Item. Marc Paquette (Vermont) also supports the proposal as a Voting Item 

as does Jimmy Cassidy (Massachusetts). The Committee recommends Voting status for this item.

At the 2023 NEWMA Annual Meeting, John McGuire (OWM- submitter) stated this item is fully 

developed and ready for voting. This is adding “Note” to section 10 to inform the user that electronic 

signatures are acceptable if the State has a digital signature status. The Committee recommended this as 

a Voting Item. 

MOS – Uniform Regulation for the Method of Sale of Commodities

MOS-23.3 V Section 1.12. Ready-to-Eat Food, 1.12.2. Methods of Sale.

Source: Delaware Weights and Measures

Submitter’s Purpose and Justification:

Bringing back the word “single serving” to limit the size of a prepackaged item from being allowed to be 

sold with no weight declaration. 

When the change was initially introduced in the 2018 edition of Handbook 130, the way I interpreted the 

new regulation was that with the removal of “single servings” it would then allow any package that is 

packaged on premises to be sold by count. With it being said, it would mean that anything in the store 

(packaged on site) that is ready to eat would no longer be required to have a net weight. This would apply 

to all deli, hot foods, produce, bakery, and seafood packaged products. Several others that I spoke with 

interpreted the regulation the same way I did initially. A year later, while taking a class in Gaithersburg, I 

brought up this issue and I was pointed to the second portion of the regulation that states: If prepackaged, the product shall have the appropriate statement of quantity set forth in the current 

edition of NIST Handbook 130, Uniform Packaging and Labeling Regulation (UPLR). I had 
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difficulty finding something specific in the UPLR that would override the statement “in servings packed 

or prepared on the premises may be sold by weight, measure, or count”, and at this point it became 

confusing if we should require a net weight on a pre-packaged item or not. More recently while taking a 

webinar, again I brought up this issue and the discussion was that the store would not need to put a net 

weight on the package. They could sell a tub of cut fruit as a “tub” of cut fruit.

I believe that the intent was to allow grocery stores to sell products like restaurants, such as a bucket of 

chicken at KFC needs no net weight, so it should be allowed that the grocery store should be able to sell a 

bucket of chicken with no net weight. This is understandable if the bucket is packaged at time of service 

from bulk, but if it is a bucket that is pre-packaged sitting on a shelf for the consumer to purchase, then it 

should have a net weight. Similar packages of potato salad that the store packages sitting next to a 

“National Brand” of potato salad should also have a net weight so the consumer can make a comparative 

value decision. Another example would be pre-packaged containers of cut fruit should have a net weight 

so the consumer can compare the price of the processed fruit over what the consumer could purchase the 

same fruit themselves and cut it at home. 

In the past, the single serving size exception was a good way to define what needed a net weight and what 

didn’t. A slice of cake didn’t need a weight, but a 1⁄4 slice or larger would need a net weight. Two 

cookies in a baggie or a sandwich wouldn’t need a weight, but a box of cookies or a platter of sandwiches 

would. I am afraid that if the correct interpretation is, that all ready-to-eat food that does not need to be 

processed and is pre-packaged on site will not need a net weight. If true, it removes the ability of the 

consumer to make an informed decision on what is the best value. 

The picture above is at an Acme location and the items shown are packaged on premises. The picture 

below is at a Shop Rite location and those items are pre-packaged and shipped in. If Acme is allowed to 

sell items by count only, but the items sold at Shop Rite must be sold by weight, then how can the 

consumer make a comparison as to which item is a better value.
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The submitter acknowledges that businesses that are currently not putting a net weight on their ready to 

eat items larger than single serving sizes will have to correct their product labels to show the net weight. 

This may also result in having to install new scales to produce product labels.

The submitter requested that this be a Voting Item in 2023.

NIST OWM Executive for MOS-23.1 Section 1.12. Ready-to-Eat Food, 1.12.2. Methods of Sale.

NIST OWM Recommendation: OWM does concur with the latest Item under consideration and 

believes the striking the words “packed or” adds clarity to the submitters original issue. OWM 

believes this item is fully developed and ready for Voting

Table 2. Summary of Recommendations

MOS-23.1. – Section 1.12. Ready-to-Eat Food, 1.12.2. Methods of Sale

Status Recommendation Note* Comments

Submitter Voting

OWM Voting

WWMA Withdrawn

NEWMA Voting

SWMA Withdrawn

CWMA Voting

NCWM Voting

*Notes Key:

1 Submitted modified language

2 Item not discussed

3 No meeting held

4 Not submitted on agenda

5 No recommendation or not considered
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Item Under Consideration:

Amend Handbook 130 Uniform Regulation for the Method of Sale of Commodities as follows: 

1.12. Ready-to-Eat Food.

1.12.2. Methods of Sale. – Ready-to-eat food sold from retail cases displaying product in bulk 

or in servings packed or prepared on the premises may be sold by weight, measure, or count (i.e.,

by piece, portion, or serving). If pre-packaged, the product shall have the appropriate statement 

of quantity set forth in the current edition of NIST Handbook 130, Uniform Packaging and 

Labeling Regulation (UPLR).

(Amended 1993) (Amended 2017 and 20XX) 

NIST OWM Detailed Technical Analysis:

In 2016, a Ready-to-Eat Task Group was formed to review the current language for ready-to-eat foods. 

This TG was comprised of 14 regulators, six grocery chains, and three stakeholders representing grocery 

stores. The TG reviewed past history, current marketplace trends, and the Food and Drug Administration 

(FDA) Guidance for Industry Nutrition Labeling of Standard Menu Items in Restaurants and 

Similar Retail Food Establishments Small Entity Compliance Guide. 

In evaluating the language, the TG believed that the term single-serving was too vague and believed it 

was appropriate to replace with the terms “sold by weight or count, and individual service” was 

appropriate. The ready-to-eat proposal is not meant to include all prepackaged products within a store. 

This is for food types sold within retail cases that display the product and are ready for immediate human 

consumption. This allows for grocery retailers to sell prepared style foods that are similar to fast food 

restaurants. To alleviate any confusion as to what ready-to-eat items are the TG prepared an example 

listing of products that were sold in the marketplace. Typically, examples are not provided within 

regulations, but the TG felt it was of great importance to assist regulators with interpreting the regulation. 

The regulation aligns with the current practices found within the grocery marketplace, delis, and similar 

like markets. If a retailer sells ready to eat food by net weight, they must also meet the requirement set 

forth in NIST HB 44, for direct sales [1.10]. Other type of products found within the store must meet the 

Uniform Packaging and Labeling Regulations (Section 11.1. Random Packages) that must declare a net 

weight, unit price, and the total price. 

Additional history on this subject matter dates to 1958 when this was discussed at the 43rd NCWM 

Meeting. At that time, the terms “carry out meal” and “menu items” were used to provide illustrations of 

what the Committee intended to exempt from any specific method of sale. These broad terms allowed the 

individual jurisdiction to establish, according to its marketplace needs, policies or individual regulations 

to address which products had to be sold by weight, measure, or count. The key to applying the proposed 

requirement is to focus on how a product is advertised. For example, if a product is advertised in the 

same way as a food item is on a restaurant or fast-food outlet menu, it could be sold by weight, measure, 

or count.

This was an Item within the Report of the 76th – 77th NCWM (1991-1992), where the Committee 

recommended that Section 1.12. Ready-to-Eat Food be amended to permit sales of ready-to-eat food 

items by weight, measure, or count (count includes serving sizes such as small, medium, or large) if the 

food is sold from bulk or in single serving packages packed on the premises and ready for consumption. 

The traditional methods of sale required in retail grocery stores for ready-to-eat food items put grocers at 

a substantial competitive disadvantage compared to restaurants and fast-food outlets that sell the same or 
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similar items. An industry representative testified that consumers want to purchase these foods in 

supermarkets but find it difficult to relate the cost per pound of a ready-to-eat item in the supermarket to 

the common method of sale used in a restaurant or fast-food establishment (for example, “by each".) 

When purchasing ready-to-eat items in the supermarket, most consumers do not compare the price per 

pound, for instance, to the unprepared product, but rather take the total cost of the meal into 

consideration. The Committee agreed that attempting to limit the definition to only items “prepared on 

the premises” was unreasonable because it would be impossible to enforce, especially if the term 

“prepared” is not defined. The Committee took the position that how the products are advertised and sold 

is the issue to be addressed, not where products are “prepared” or what constitutes “preparation.” The 

Committee recognized that many items sold in restaurants, fast food outlets, and supermarkets are 

prepared in central kitchens and then distributed to the various retail outlets, and that this is the trend for 

the future. The Committee also decided that attempting to develop an all-inclusive list of products that 

could be sold as ready-to-eat food would be difficult because of the wide scope of products; in addition, it 

would be difficult to keep such a list current.

The Committee recommended adoption of the proposal although recognizing that this recommendation 

may not address all the concerns raised by weights and measures officials and members of industry who 

are seeking guidance on this difficult issue. Several weights and measures officials indicated that limiting 

the exemption to food items sold from bulk or packaged in single-serving sizes would narrow the list of 

exempted products and still allow food stores to sell products using the same methods of sale as used by 

restaurants.

Below is language from FDA, which supported the proposed language developed by the Ready to Eat TG. 

Members of the Ready-to-Eat Task Group

Co-Chair David Sefcik NIST, OWM

Co-Chair Lisa Warfield NIST, OWM

Public Sector Member Stephen Benjamin North Carolina SWMA

Public Sector Member Charles Carroll Massachusetts NEWMA

Public Sector Member Fran Elson-Houston Ohio CWMA

Public Sector Member Kurt Floren Los Angeles County, California WWMA

Public Sector Member Roger Frazier Arkansas SWMA

Public Sector Member Jason Glass Kentucky SWMA

Public Sector Member Brett Gurney Utah WWMA

Public Sector Member Milton Hargrave Virginia SWMA

Public Sector Member Ryanne Hartman Michigan CWMA

Public Sector Member Lori Jacobsen South Dakota CWMA

Public Sector Member Hal Prince Florida SWMA

Public Sector Member Louis Sakin Towns of Hopkinton / 

Northbridge, Massachusetts NEWMA

Public Sector Member Ken Tichota Nebraska CWMA

Public Sector Member Philip Wright Texas SWMA
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II.A.5. What are some examples of foods that general would be considered “restauranttype food”?

Examples of food that generally would be considered restaurant-type food include: food for 

immediate consumption at a sit-down or quick service restaurant; food purchased at a drive-through; 

take-out and delivery pizza, hot pizza at grocery and convenience stores that is ready to eat, and pizza 

slices from a movie theater; hot buffet food, hot soup at a soup bar, and food from a salad bar; foods 

ordered from a menu or menu board at a grocery store intended for individual consumption (e.g., 

soups, sandwiches, and salads); and self-service foods and foods on display that are intended for 

individual consumption (e.g., sandwiches, wraps, and paninis at a deli counter; and cookies from a 

mall cookie counter; bagels, donuts, and rolls offered for individual sale).

II.A.6. What foods would not be considered “restaurant-type food”?

Foods that are grocery-type items that may be ready for immediate consumption but that consumers

usually store for use at a later time or customarily further prepare would not be considered 

“restaurant-type food.” Examples of food that generally would not be considered restaurant-type 

food include: food bought from bulk binds or cases (e.g., dried fruit, nuts) in grocery stores; foods to 

be eaten over several eating occasions or stored for later use (e.g., loaves of bread, bags or boxes of 

dinner rolls, whole cakes, and bags or boxes of candy or cookies); foods sold by weight that are not 

self-serve and are not intended solely for individual consumption (e.g., deli salads sold by unit of 

weight such as potato salad or chicken salad), either prepacked or packed upon consumer request; and 

foods that are usually further prepared before consuming (e.g., deli meats and cheeses).

OWM recognizes there has been some confusion in understanding the changes that are being 

recommended to Section 1.12.2. Below is the entire regulation as it appears in NIST Handbook 133 

(2022)

1.12. Ready-to-Eat Food.

1.12.1. Definition. –Restaurant style food offered or exposed for sale, whether in restaurants, 

supermarkets, or similar food service establishments that is ready for immediate human consumption, 

though not necessarily on the premises where sold, and which does not require any cooking or heating 

preparation by the customer. Ready-to-eat food does not include sliced luncheon products, such as 

meat, poultry, or cheese when sold separately.

Members of the Ready-to-Eat Task Group

Private Sector Member Dave Davis Utah Food Industry Association

Private Sector Member Linda Doherty New Jersey Food Council

Private Sector Member Eric Hardin The Fresh Market, Inc.

Private Sector Member Doug Myers Wal-Mart Stores, Inc.

Private Sector Member Vincent Orr Whole Foods Market

Private Sector Member Audrey Patterson King Williams and Gleason LLP

Private Sector Member Michael Roberson Publix Super Markets, Inc.

Private Sector Member Kevin Schneider Giant Food

Private Sector Member Elizabeth Tansing Food Marketing Institute
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Some examples of ready-to-eat food items: (This list is not intended to be all inclusive.)

• servings of pasta, potato, or coleslaw;

• servings of salads, vegetables, or grains such as rice;

• pizzas, whole or sliced;

• meat/vegetable pockets/pies;

• tacos, fajitas, enchiladas, tostadas;

• cooked, whole chickens or turkeys;

• buckets, tubs, or individual pieces of cooked chicken or fish;

• cooked ribs by the slab or piece;

• stuffed clams, oysters, shrimp, and fish;

• cooked shrimp or crab cakes;

• slices of cake, pie, or quiche;

• donuts, bagels, or rolls for individual sale;

• cookies or brownies for individual sale;

• sandwiches, eggs, or spring rolls;

• servings of prepared chili or soup;

• stuffed peppers, tomatoes, and cabbage;

• knishes; and

• pickles.

NOTE: The sale of an individual piece of fresh fruit (like an apple, banana, or orange) is allowed by 

count.

(Added 2004) (Amended 2017)

1.12.2. Methods of Sale. –Ready-to-eat food sold from retail cases displaying product in bulk or in 

servings packed or prepared on the premises may be sold by weight, measure, or count (i.e., by piece, 

portion, or serving). If pre-packaged, the product shall have the appropriate statement of quantity set 

forth in the current edition of NIST Handbook 130, Uniform Packaging and Labeling Regulation 

(UPLR).

(Amended 1993) (Amended 2017)

Summary of Discussions and Actions:

At the 2023 NCWM Interim Meeting, the submitter Robert Huff remarked that is unable to find a 

definitive statement pertaining to “ready to eat” items. Currently it is defined as restaurant style food, 

which has a vast variety. He firmly believes that whole or bucket chickens and pizza should have a 

weight statement. He stated that the term “single-serving” is also subjective. With the FDA labeling 

information, one can see its designation. Due to the regulation being subjective, it is left to the 

inspector’s discretion. Loren Minnich (Kansas) disagreed with Robert Huff’s issue but concurred that 

defining this code is subjective and the solution is not to add the term “single-serving.” Kurt Floren (Los 

Angeles County, California, and Ready-to-Eat TG Member) remarked that when this language was 

drafted the TG was focused on restaurant style foods in which the supermarkets wanted to compete with. 

Kurt Floren offered up a modification to the language on the first line to strike the words “packed or.” 

Jim Willis (New York), Hal Prince (Florida) and Doug Rathbun (Illinois) all do not support the original 

proposal in the report. Robert Huff rose to concur with the change offered by Kurt Floren.

During the Committee work session, the Committee was unable to decipher the difference between an 

“editorial” and “technical” change. Kurt Floren offered to assist by stating the sentence should read “in 
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servings prepared on the premises may be sold by weight, measure, or count.” The Committee concurred 

with Kurt Floren’s modification to the language and moved the proposal forward as a Voting item. 

Regional Association Reporting: 

Western Weights and Measures Association

At the 2022 WWMA Annual Meeting, Kurt Floren felt this was a misguided proposal. He believes that 

the existing wording of ‘if prepackaged’ already addresses the issue. David Sefcik described that in a 

2017 Ready-to-East Task Group, 14 regulators and seven industry members worked out this regulation in 

the first place, and that adding the word ‘single serving’ would make the regulations too onerous. This 

item is supposed to allow grocery store prepared food similar to what you would buy at a restaurant to be 

under the same regulations as a restaurant. By adding the word ‘single’ serving it would require weight 

statements on items such as large pizzas or buckets of chicken wings, which were meant to be excluded.

As the WWMA L&R Committee heard no comments in support of this item, we recommended the item 

be withdrawn.

Central Weights and Measures Association

At the 2022 CWMA Interim Meeting, Loren Minnich (Kansas) commented this item has been considered 

in the past and believes it is a difficult subject for model language and enforcement purposes. He believes 

this item focuses on equity between places that prepare food for families such as a grocery store 

compared to a retail restaurant. He opposes the item because with the proposed language addition, the 

item only covers single serving. Ivan Hankins (Iowa) does not oppose it being a change to cover a single 

serving. However, he does not support the word “may” and believes the item needs to be further 

developed. Loren Minnich further questioned how to identify the term “single serving”. Hearing both 

objections and support for the item, and reviewing the proposed change, the Committee concurs this item 

is fully developed and is ready for Voting status.

At the 2023 CWMA Annual Meeting, Doug Rathbun (Illinois) opposed this item. The NCWM spent two 

years working on the original language and this is substantive that significantly changes the model 

language. It is not inclusive, for example, it does not include buckets of chicken. The Committee 

believes the item is fully developed and ready for voting status.

Southern Weights and Measures Association

At the 2022 SWMA Annual Meeting, the Committee heard various comments in favor and against this 

item. Lisa Warfield (NIST OWM) recommended that this item be withdrawn since it had been previously 

and extensively vetted by the Ready-to-Eat TG. Hal Prince (Florida) recommended that this item be 

withdrawn but did concede that there will always be a gray area and doesn’t know if there is a better way 

– possibly reconvene a TG. 

Tim Chesser (Arkansas) commented that he could see the confusion of how “Ready to Eat” food is 

currently defined (and interpreted). While he feels that this is a jurisdictional issue, he would like this 

item to be considered. 

Robert Huff (submitter) clarified the intent of the addition of “single” which was to allow the consumer to 

make a value comparison. 

While the Committee agreed that value comparison is important, adding the word “single” would not 

solve this issue since the quantity of a single serving or portion varies among businesses. In addition, the 
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Committee recognized that the intent of the submission has merit, the language as proposed would not 

solve the presented issue and in turn would cause more confusion and other unintended consequences 

(i.e., excluding whole chicken, pizza, and ribs). The Committee recommended that this item be 

Withdrawn.

Northeastern Weights and Measures Association 

At the 2022 NEWMA Interim Meeting, Lisa Warfield commented that OWM does not believe this item

has merit and believes it should be withdrawn. In 2016, a Ready to Eat Task Group was chaired by 

OWM and was comprised of 14 regulatory officials and seven industry (including Walmart, Whole foods, 

Publix, Giant) and trade association representatives (Food Marketing Inst. and NJ Food Council). The 

method of sale and definition of “ready-to-eat” was significantly vetted prior to its last modification in 

2018. Lisa Warfield further stated that the definition of “ready-to-eat” only applies to restaurant food.

Adding the word “single” eliminates such items as chicken and pizza. Jimmy Cassidy (Massachusetts), 

Steve Timar (New York), John McGuire (New Jersey), and Chair Sakin all supported the item be 

withdrawn. The Committee recommended the item be withdrawn from the agenda.

At the 2023 NEWMA Annual Meeting, John McGuire (NIST OWM) concurred with the latest item under 

consideration and believes the modification of striking the work “packed or” adds clarity to the 

submitter’s original submission. Jim Willis (New York) echoed NIST OWM’s comments. The 

Committee recommended this item be Voting.

MOS-20.5 V Section 2.21. Liquefied Petroleum Gas

Source: Arizona Department of Agriculture, Weights and Measures Services Division

Submitter’s Purpose and Justification:

Provide clarity and consistency regarding the method of sale (MOS) for liquefied petroleum gas (LPG) 

through a meter that has a maximum rated capacity of 20 gal/min or less.

There appears to be a lack of clarity and consistency regarding the method of sale (MOS) for liquefied 

petroleum gas (LPG) through a meter that has a maximum rated capacity of 20 gal/min or less. The 

Uniform Regulation for the Method of Sale of Commodities, Section 2.2. Liquified Petroleum Gas 

specifically exempts these meters from the use of automatic temperature compensation but defines a 

gallon as 231 in3 at 60 °F (15.6 °C). With this definition, it can be interpreted that, while automatic 

temperature compensation is not required, the sale of LPG shall be temperature compensated through 

manual means (or alternatively sold by weight). Temperature compensation manually requires the use 

temperature readings and a chart to manually perform conversions to determine the volume sold.

When discussing potential implementation of these requirements, propane industry officials in Arizona 

noted that other states do not require sale of LPG through these smaller meters to be temperature 

compensated or sold by weight and cited numerous problems with manual calibration or changing the 

MOS to sell by weight. An informal survey of western states appears to support that most do not enforce 

this requirement to sell LPG through these smaller meters by weight or temperature compensated.

Due to the inconsistency with the method of sale between various states and interpretation of this section, 

it is being proposed to exempt the sale of LPG through these smaller meters from temperature 

compensation. The item is proposed developing to allow for discussion and submittal of supporting cost 
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19

analysis and impact to consumers and businesses that supports a requirement to sell LPG through these 

small meters as temperature compensated (or by weight).

The submitter noted that the sale of propane that is not temperature compensated can vary in quantities 

dispensed, which may provide a business or consumer with more or less product than stated. 

NIST OWM Executive for MOS-20.5 – Section 2.21. Liquefied Petroleum Gas

NIST OWM Recommendation: OWM recommends this as a Voting Item with the following changes.

• Since 1986, the method of sale requires selling LPG based on 60 °F (15.6 °C) and applies to all 

sales. Although the existing language references a value of “15.6 °C” for temperature 

determinations in metric units, according to the current industry practice for sales of petroleum 

products, the reference temperature for sales in metric are based on 15 °C rather than the exact 

conversion from 60 °F (which is 15.6 °C). Thus, the temperature reference in metric should be 

15 °C.

• LPG has an inherently high thermal expansion of up to 0.4 % per 1 °C (2 °F). This means it 

changes by about 1 % in volume for every 3 °C or 5 °F change in temperature. The volume and 

density of the product varies significantly with temperature and pressure. 

• There are several formatting issues and missing terms that had appeared in past reports but are not 

reflected in 2023 Publication 16. (See the OWM Detailed Analysis for specifics). 

 In 2.21.1. The title “Method of Sale” requires a bold/underscore

 Within Section 2.21.1. Method of Sale. OWM recommends striking the last line that states –“If 

kept, offered, exposed for sale, or sold by:” This same language appears within the first line of 

the regulation.

 In 2.21.1.(a) the following words should be reflected in bold/underscore “(a) Weight by the 

kilogram or” and “; or by” 

 In 2.21.1.(b). the following words should be reflected in bold/underscore “(b) Gas” and in 

front of the words “meter cubic” the word “or” should be shown as “; or”. 

 In 2.21.1.(b). the first “see Section 2.21. Note” does not appear in the NCWM report as 

bold/strikethrough. The “Note” was placed at the end of the sentence and should be noted with 

a bold/underscore. 

 In 2.21.1.(b) the word “or” in front of the words “meter cubic” needs to be bold/underscore. 

 In 2.21.1.(c) the words “Liquid Volume” needs to be reflected in bold/underscore. 

 In 2.21.1.(c) liquid volume in the first sentence the word “or” should not be bold/underscore 

 The words “Section 21.1 Note” should be bold. 

 In Section 21.1 Note ANSI B109.1 (2000) needs to be bold/underscore. A “(“ needs to appear 

before the word “For” in the title. 
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NIST OWM Executive for MOS-20.5 – Section 2.21. Liquefied Petroleum Gas

 In Section Note 21.1. The handbook language reflects “First Edition 1974” this should be 

added into the proposal with a bold/strikethrough. 

 In Section Note 21.1. the word fore should be bold/strikethrough. 

 In Section Note 21.1. the bracket before the word “Under” should be reflected in bold 

underscore, not a strikethrough.

• As the Committee considers the next steps for this item, OWM would ask that the Committee

consider the new format (layout) as shown under the OWM Detailed Analysis of the existing 

language. This will provide clarity and is easier to read. If this item is not adopted, OWM does 

considers a format change to the existing language to be considered editorial and would move 

forth to apply the format to the next edition of HB130.

Table 2. Summary of Recommendations

MOS-20.5. – Section 2.21. Liquefied Petroleum Gas

Status Recommendation Note* Comments

Submitter Voting

OWM Voting

WWMA Voting

NEWMA Voting

SWMA Voting

CWMA Voting

NCWM Voting

*Notes Key:

1 Submitted modified language

2 Item not discussed

3 No meeting held

4 Not submitted on agenda

5 No recommendation or not considered

Item Under Consideration:

2.21. Liquefied Petroleum Gas.

2.21.1. Method of Sale. – All liquefied petroleum gas, including, but not limited to propane, 

butane, and mixtures thereof, shall be kept, offered, exposed for sale, or sold by the following 

methods of sale. If kept, offered, exposed for sale, or sold by:

(a) Weight: by the kilogram or pound; or by, 

(b) Gaseous Volume: by the metered cubic meter of vapor (defined as 1 m3 at 15 °C); or 

metered cubic foot of vapor (defined as 1 ft3 at 60 °F) [see Section 2.21. Note]; or by, 
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2023 NCWM Annual L&R Agenda Items 

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(c) Liquid Volume: by the liter (defined as 1 liter at 15 °C) or the gallon (defined as 231 in3 at

60 °F). All metered sales by the or gallon, except those using meters with a maximum 

rated capacity of (20 gal)/min or less, shall be accomplished by use of a meter and device 

that automatically compensates for temperature. 

2.21.2. Metered Sales by Liquid Volume. – All metered sales by liquid volume shall be 

accomplished using metering systems as follows:

(a) Sales using metering systems with a maximum rated capacity greater than 20 gal/min 

shall be accomplished using a metering system that automatically compensates for the 

effects of temperature.

(b) Sales using metering systems with a maximum rated capacity equal to or less than 

20 gal/min that were placed into service after January 1, 2026, shall be accomplished by 

use of a metering system that automatically compensates for the effects of temperature.

(c) Effective January 1, 2030, all metered sales (through all capacities of metering devices, 

regardless of installation and service date) shall be accomplished by use of a metering 

system that automatically compensates for temperature.

Section 2.21. NOTE: Sources: American National Standards Institute, Inc., ANSI B109.1 

(20082000), “American National Standard For Diaphragm-Type Gas Displacement Meters (14.16 

Cubic Meters [Under 500 Cubic Feet] Per Hour Capacity and Under),” and NIST Handbook 44, 

“Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring 

Devices.”

(Added 1986, Amended 20XX) 

NIST OWM Detailed Technical Analysis:

The requirement for selling LPG based on a 60 °F gallon is already stated in this regulation and applies to 

all sales. The current language in the regulation is vaguely written and has resulted in conflicting 

interpretations. Some officials read the requirement that automatic temperature compensation be 

provided on metering systems delivering more than 20 gal/min as also exempting sales of LPG in other 

applications from being sold and delivered using automatic temperature compensation. Other officials 

interpret the current language as meaning temperature compensation is required for all LPG sales using 

metering systems. 

OWM recognizes that this proposal did not garner enough votes at the 2021 NCWM Annual Meeting and 

was returned to the Committee. OWM believes this proposal is fully developed and consideration should 

be given to delaying the effective date.

If the Committee does not move the Item forward for consideration, OWM would ask that they consider 

the new format (layout) as shown in the Item under Consideration. This will provide clarity and is easier 

to read. OWM would consider a format change as editorial.

Within NCWM Publication 16 (2023) 

• Since 1986, the method of sale requires selling LPG based on 60 °F (15.6 °C) and applies to all sales. 

Although the existing language references a value of “15.6 °C” for temperature determinations in 

metric units, according to the current industry practice for sales of petroleum products, the reference 
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2023 NCWM Annual L&R Agenda Items 

22

temperature for sales in metric are based on 15 °C rather than the exact conversion from 60 °F 

(which is 15.6 °C). Thus, the temperature reference in metric should be 15 °C. 

• LPG has an inherently high thermal expansion of up to 0.4 % per 1 °C (2 °F). This means it changes 

by about 1 % in volume for every 3 °C or 5 °F change in temperature. The volume and density of 

the product varies significantly with temperature and pressure.

• There are several formatting issues and missing terms that had appeared in past reports but are not 

reflected in 2023 Publication 16. (See the OWM Detailed Analysis for specifics) 

 In 2.21.1. The title “Method of Sale” requires a bold/underscore

 Within Section 2.21.1. Method of Sale. OWM recommends striking the last line that states –“If 

kept, offered, exposed for sale, or sold by:” This same language appears within the first line of 

the regulation.

 In 2.21.1.(a) the following words should be reflected in bold/underscore “(a) Weight by the 

kilogram or” and “; or by” 

 In 2.21.1.(b). the following words should be reflected in bold/underscore “(b) Gas” and in front 

of the words “meter cubic” the word “or” should be shown as “;or”. 

 In 2.21.1.(b). the first “see Section 2.21. Note” does not appear in the NCWM report as 

bold/strikethrough. The “Note” was placed at the end of the sentence and should be noted with a 

bold/underscore. 

 In 2.21.1.(b) the word “or” in front of the words “meter cubic” needs to be bold/underscore. 

 In 2.21.1.(c) the words “Liquid Volume” needs to be reflected in bold/underscore. 

 In 2.21.1.(c) liquid volume in the first sentence the word “or” should not be bold/underscore 

 The words “Section 21.1 Note” should be bold. 

 In Section 21.1 Note ANSI B109.1 (2000) needs to be bold/underscore. A “(“ needs to appear 

before the word “For” in the title. 

 In Section Note 21.1. The handbook language reflects “First Edition 1974” this should be added 

into the proposal with a bold/strikethrough. 

 In Section Note 21.1. the word fore should be bold/strikethrough. 

 In Section Note 21.1. the bracket before the word “Under” should be reflected in bold underscore, 

not a strikethrough.

The correct format to appear in Publication 16 is:

2.21. Liquefied Petroleum Gas. – 
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2023 NCWM Annual L&R Agenda Items 

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2.21.1. Method of Sale. All liquefied petroleum gas, including, but not limited to propane, butane,

and mixtures thereof, shall be kept, offered, exposed for sale, or sold by the following methods of 

sale. If kept, offered, exposed for sale, or sold by:

(a) Weight: by the kilogram or pound; or by

(b) Gaseous Volume: by the metered cubic meter (defined as 1 m3 at 15 °C); or metered

cubic foot [see Section 2.21 NOTE] of vapor (defined as 1 ft3 at 60 °F [15.6 °C]) [see Section 2.21 NOTE]; 

or by, 

(c) Liquid Volume: by the liter (defined a 1 liter at 15 °C), or the gallon (defined as 231 in3

at 60 °F [15.6 °C]). All metered sales by the gallon, except those using meters with a

maximum rated capacity of 20 gal/min or less, shall be accomplished by use of a meter 

and device that automatically compensates for temperature.

(Added 1986) (Amended 20XX) 

2.21.2. Metered Sales by Liquid Volume. All metered sales by liquid volume shall be 

accomplished using metering systems as follows:

(a) Sales using metering systems with a maximum rated capacity greater than 20 gal/min 

shall be accomplished using a metering system that automatically compensates for the 

effects of temperature.

(b) Sales using metering systems with a maximum rated capacity equal to or less than 20 

gal/min that were placed into service after January 1, 2026 shall be accomplished by use 

of a metering system that automatically compensates for the effects of temperature.

(c) Effective January 1, 2030, all metered sales (through all capacities of metering devices, 

regardless of installation and service date) shall be accomplished by use of a metering 

system that automatically compensates for temperature.

(Added 20XX)

Section 2.21. NOTE: Sources: American National Standards Institute, Inc.ANSI B109.1 (2000), 

“American National Standard fFor Diaphram-Type Gas Displacement Meters (Under 500 Cubic Feet 

per Hour Capacity and Under),” First edition, 1974, and NIST Handbook 44, “Specifications, 

Tolerances, and Other Technical Requirements for Weighing and Measuring Devices.” 

(Added 1986) (Amended 20XX)

As the Committee considers the next steps for this item, OWM would ask that the Committee consider 

the new format (layout) as shown under the OWM Detailed Analysis of the existing language. This will 

provide clarity and is easier to read. If this item is not adopted, OWM does considers a format change to 

the existing language to be considered editorial and would move forth to apply the format to the next 

edition of HB130. 

Summary of Discussions and Actions:

At the 2020 NCWM Interim Meeting, Tim Chesser (Arkansas) felt that the current proposal conflicts with 

language in NIST Handbook 44. Tina Butcher (NIST OWM) responded the current language in 
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2023 NCWM Annual L&R Agenda Items 

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Handbook 44 does not conflict with the language in this item, referencing language from NIST Handbook 

44 stating “If a device is equipped with an automatic temperature compensator.” This suggests that 

language in NIST Handbook 44 does not require modification to accommodate devices with automatic 

temperature compensation capabilities. Constantine Cotsoradis (Flint Hill Resources) questioned if this 

proposal would have any benefit for consumers. Representing the submitter, Vince Wolpert (Arizona) 

stated that temperature in the state ranges from 32 °F to 100 °F and volume delivered for LP sales varies 

accordingly. As a result of the lack of consistency with volume delivered, the state receives a lot of 

complaints concerning LP sales. Several regulators commented that the most equitable way to address 

the issue is to require automatic temperature compensation for all sales. The original submitter received 

feedback from the fall regions and modified the language (dated January 24, 2020). The submitter, 

Michele. Wilson, recommended this modified language be vetted through the regional meetings and 

industry for consideration. Currently, the Committee concurs with the recommendation and moved this 

item forward as the Item Under Consideration as Informational.

In the 2020 NCWM Interim Agenda, the Item Under Consideration appeared as:

2.21. Liquefied Petroleum Gas. – All liquefied petroleum gas, including, but not limited to 

propane, butane, and mixtures thereof, shall be kept, offered, exposed for sale, or sold by the pound, 

metered cubic foot [see Section 2.21. Note]

 of vapor (defined as 1 ft3 at 60 °F [15.6 °C]), or the gallon 

(defined as 231 in3 at 60 °F [15.6 °C]). All metered sales by the gallon, except those using meters 

with a maximum rated capacity of 20 gal/min or less, shall be accomplished by use of a meter and 

device that automatically compensates for temperature. Metered sales using a meter with a 

maximum rated capacity of 20 gal/min or less is exempt from temperature compensation 

requirements. 

(Added 1986) (Amended 20XX) 

At the 2021 NCWM Interim Meeting, the language within NCWM Publication 15 appeared as: 

2.21. Liquefied Petroleum Gas. – All liquefied petroleum gas, including, but not limited to 

propane, butane, and mixtures thereof, shall be kept, offered, exposed for sale, or sold by the pound, 

metered cubic foot [see Section 2.21. Note]

 of vapor (defined as 1 ft3 at 60 °F [15.6 °C]), or the gallon 

(defined as 231 in3

 at 60 °F [15.6 °C]). All metered sales by the gallon, except those using meters 

with a maximum rated capacity of 20 gal/min or less, shall be accomplished by use of a meter 

and device that automatically compensates for temperature. 

(a) All metered sales by the gallon using a meter with a maximum rated capacity greater 

than 20 gal/min, shall be accomplished using a meter and device that automatically 

compensates for temperature. 

(b) For equipment placed in service on or after January 1, 2023, all metered sales using a 

meter with a maximum rated capacity of 20 gal/min or less shall be accomplished by use 

of a meter and device that automatically compensates for temperature.

(c) Effective January 1, 2030, all metered sales shall be accomplished by use of a meter and 

device that automatically compensates for temperature.

(Added 1986) (Amended 20XX) 

Tim Chesser commented his concern with conflicts between the method of sale and NIST Handbook 44 

requirements. Tina Butcher addressed questions that were stated within the reporting for this item. Tina
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25

Butcher also provided an in-depth background and discussion on this item. It was noted that NIST OWM 

submitted modified language that was posted under the NCWM L&R supporting documents.

Some of the bullet points that were in the NIST analysis of this item were:

• The existing language references a value of “15.6 °C” for temperature determinations in metric 

units, according to the current industry practice for sales of petroleum products, the reference 

temperature for sales in metric are based on 15 °C rather than the exact conversion from 60 °F 

(which is 15.6 °C). Thus, the temperature reference in metric should be 15 °C.

• The current method of sale for LPG requires sales based on a specified reference temperature 

because of the significant effects of temperature on the volume of LPG. This helps ensure equity 

for buyer and seller; facilitate value comparisons among competing applications; and deter those 

who would take advantage of the effects of temperature on volume from using these effects to 

their advantage during sales under given temperature conditions.

• There is some concern that including effective dates as shown in the Item Under Consideration 

does have the effect of rescinding the original requirement for certain categories of sales. 

Additionally, specifying such dates may possibly lead to future extensions of these date or 

permanent exceptions. However, if this proposal will allow the community to progress toward 

more uniform implementation of temperature compensation in the commercial measurement of 

LPG, this approach may prove to be a valuable tool for accomplishing this goal and improve 

understanding and consistent application of the requirements, and we believe the submitter is to 

be commended for striving to achieve this clarity and uniformity in application.

• The second clause of the current Item Under Consideration addresses equipment put into service 

as of January 1, 2023. The generic reference to “equipment placed into service” implies that only 

newly installed equipment with flow rates of 20 gpm or less needs to include automatic 

temperature compensation capabilities. This could be misconstrued as negating the first clause in 

the proposal. We believe the intent of the submitter was to simply expand the requirement for 

“automatic” temperature compensation capability for metering systems above 20 gpm to include 

those systems below this flow rate point. Thus, a recommended alternative is included in the 

suggested changes.

Formatting Changes:

• By formatting the language into sub-sections, it makes the method of sale requirement easier to 

follow and apply and facilitates consideration of the Item Under Consideration. 

Scott Simmons (Colorado) led a discussion regarding some of the issues that his state has faced regarding 

LPG sales. Scott Simmons and many other regulators expressed support for this Item. It was expressed 

that many were unaware of the NIST modified proposal. NCWM L&R Chair McGuire encouraged 

membership to review the NIST proposal. During the Committee work session both the original and 

NIST proposals were discussed. A Committee member expressed concern that industry may be unaware 

of this agenda item. Several Committee members commented that they would reach out to their industry 

contacts to alert them. The Committee heard many comments that they supported the NIST proposal. 

The Committee was appreciative that NIST had reformatted the structure to make the language easier to 

read and recommends this move forward as a Voting Item.

At the 2021 NCWM Annual Meeting, Bruce Swiecicki (NPGA) expressed concern with the language for 

temperature compensation and how the mechanical devices have a lag in correcting the temperature. 
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2023 NCWM Annual L&R Agenda Items

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Bruce Swiecicki did request that the date in Section 2.21.2.(b) be moved to 2025, or at least another year 

added. Kevin Schnepp (California) remarked that in Section 2.21.2.(a) the language should read “equal to 

or greater than” to align with NIST HB44 language. Kevin Allen (Arizona) was supportive of the 

changes from Kevin Schnepp. Jim Willis (New York) rose to oppose this item and believes this item is 

detrimental to the propone industry. Jim Willis remarked that they are done by weight and the 

temperature compensation is an issue with the smaller tanks. Ken Ramsburg (Maryland) asked the 

Committee to withdraw the item.

Based on testimony during open hearings and reviewing the documents from the regional meetings, the 

Committee changed the effective date in Section 2.21.2.(b) from January 1, 2023, until January 1, 2024. 

In Sections 2.21.2. (a), (b) and (c) replaced the words “meter and device” with “metering system.” The 

Committee concurred with Kevin Schnepp’s recommendation to modify the language in Section 

2.21.2.(a) to replace the words “greater than or equal to” with “equal to or greater than”. This item did 

appear as a Voting Item at the 2021 NCWM Annual Meeting but did not garner enough votes, it was 

therefore returned to the Committee.

At the 2022 NCWM Interim Meeting, there were several regulators that spoke in favor of moving the 

item forward as Voting. NGA also supported this change with a modify effective date. A regulator 

opposed the item stating that the small variance in gross and net quantities makes it unnecessary. This 

was challenged by another regulator who stated that the variances due to temperature variations in his 

state made it necessary. Another regulator suggested requiring an interlock mechanism.

The Committee assigned Voting status for this item at the 2022 Interim Meeting and extended the 

effective dates to address concerns expressed during the open hearings.

At the 2022 NCWM Annual Meeting, Kurt Floren (Los Angeles County, California) commented that 

Section 2.21.1.(c) should read “Liquid Volume”. The Committee concurred with the modification. There 

was no discussion on the item during the voting and it failed to receive the necessary votes to pass and 

was returned to Committee.

This is the second time this item has been presented for a vote before membership and returned to the 

Committee. Membership is split between whether there is a need for a temperature compensator on 

meters of 20 gallons or less. The Committee believes this item is fully developed and no addition work is 

needed.

At the 2023 NCWM Interim Meeting several members spoke in support of this item. Many question as to 

why there is opposition during the previous votes taken. Vince Wolpert (Arizona) commented that this 

was originally submitted by his state. He reminded members that commented that Section 2.21. 

Liquefied Petroleum Gas requires compensation for all liquified product. Even though the delivery may 

not be compensated it should be calculated. At the 1995/1996 debate on ATC, it was recommended that 

it be automatically done by the meter. Consumers are losing out, and membership can turn this around. 

He also remarked that a non-compensated sale is a violation. Jim Willis remarked that Vince Wolpert’s 

comments were correct but New York allows the service charge for filling a small bottle (under 20 lbs.) 

and remains in opposition of this item. He questioned the accuracy of the test with compensation at 

values of 20 lb or less when the compensation kicks in. 

The Committee concurred that this is technically sound and recommended it as a Voting item.
NIST OWM Analysis

2023 NCWM Annual L&R Agenda Items 

27

Regional Association Reporting: 

Western Weights and Measures Association

At the 2021 WWMA Annual Meeting, Bruce Swiecicki (NPGA) provided testimony that highlighted 

concerns from the background information in the agenda. He commented that with meters dispensing at 

less than 20 gallons per minute, automatic temperature compensation would have a minimal effect on 

small deliveries. Bruce Swiecicki also commented on the financial burden that would be placed on 

industry to convert to automatic temperature compensation. Matt Douglas (CDFA-DMS) provided 

testimony that they support the item and there is redundant language that requires editing. 

The Committee recommends this as a Voting Item with the following editorial changes and a change in 

effective date from January 1, 2024, to January 1, 2025: 

2.21. Liquefied Petroleum Gas.

2.21.1. Method of Sale. – All liquefied petroleum gas, including, but not limited to propane, 

butane, and mixtures thereof, shall be kept, offered, exposed for sale, or sold by in accordance 

with the following methods of sale and conditions. If kept, offered, exposed for sale, or sold 

by: 

(a) Weight: by the kilogram or pound; or by, 

(b) Gaseous Volume: by the metered cubic meter of vapor (defined as 1 m3 at 15 °C); or 

metered cubic foot of vapor (defined as 1 ft3 at 60 °F) [See Section 2.21. Note]; or by, 

(c) Liquid Volume: by the liter (defined as 1 liter at 15 °C) or the gallon (defined as 

231 in3 at 60 °F). All metered sales by the or gallon, except those using meters with a 

maximum rated capacity of (20 gal)/min or less, shall be accomplished by use of a 

meter and device that automatically compensates for temperature. 

2.21.2. Metered Sales by Liquid Volume. – All metered sales by liquid volume shall be 

accomplished using metering systems as follows:

(a) Sales using metering systems with a maximum rated capacity equal to or greater 

than 20 gal/min shall be accomplished by the use of a metering system that 

automatically compensates for temperature.

(b) Sales using metering systems with a maximum rated capacity less than 20 gal/min 

that were placed into service after January 1, 2025, shall be accomplished by use of 

a metering system that automatically compensates for the effects of temperature.

(c) Effective January 1, 2030, all metered sales (through all capacities of metering 

devices, regardless of installation and service date) shall be accomplished by use of a 

metering system that automatically compensates for temperature.

Section 2.21. NOTE: Sources: American National Standards Institute, Inc., ANSI B109.1 

(20082000), “American National Standard For Diaphragm-Type Gas Displacement Meters (14.16 

Cubic Meters [Under 500 Cubic Feet] Per Hour Capacity and Under),” and NIST Handbook 44, 

“Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring 

Devices.”
NIST OWM Analysis

2023 NCWM Annual L&R Agenda Items 

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(Added 1986) (Amended 20XX)

WWMA L&R Committee believes this item is fully developed; the Committee has the following 

concerns: 

• The potential lack of effectiveness of automatic temperature compensation on short deliveries.

• The financial burden on device operators that would be affected by the proposed changes. 

• Would like to hear reasons for lack of supporting votes. 

At the 2022 WWMA Annual Meeting, Scott Simmons (Colorado) believes that the method of sale needs 

to be fixed, apply the standards we already have in a consistent manner. Kevin Schnepp (CDFA/DMS) 

supports this item moving forward. The WWMA L&R Committee recommends Voting status based on 

the comments heard.

Central Weights and Measures Association 

At the 2021 CWMA Interim Meeting, Ivan Hankins (Iowa) commented that the WWMA and SWMA are 

recommending this item to be a Voting Item which allows for temperature compensation on 20 or less 

gpm meters. Charlie Stutesman (Kansas) commented that he believes the 2025 date is a more appropriate 

date for new meters rather than 2024, and all other devices be switched by 2030. He further commented 

that he supports getting compensators on the meters, particularly at retail sites where staff may not be 

properly trained on how to figure the compensated volume. The Committee believes that if this item is 

passed in 2022, the proposed 2024 date is a sufficient time to implement changes for new meters. The 

Committee believes this item is fully vetted and ready for Voting status.

At the 2022 CWMA Annual Meeting, Lisa Warfield (NIST OWM) commented that a typical packaging 

change is adopted with a three-year lead time from the date of adoption. The Committee believes this 

item is fully developed and should remain as a Voting status item and recommends the three-year 

implementation suggestion.

At the 2022 CWMA Interim Meeting, Loren Minnich (Kansas) commented he has no opinion on the 

content of the item, but the formatting of the proposal should be bolded and underlined after Section 2.21 

(see below). Ivan Hankins expressed support for putting temperature compensators on any LPG meter 

with a maximum rated capacity of 20 gal/min or less. He believes six years as indicated in Section 

2.21.2.(c) is too long of an implementation time. Doug Rathbun (Illinois) concurs with Ivan Hankins. 

After discussion, the Committee agreed with Loren Minnich’s formatting suggestion and concurred the 

item is fully developed and ready for Voting status. 

2.21. Liquefied Petroleum Gas 

2.21.1. Method of Sale. – All liquefied petroleum gas, including, but not limited to propane, butane, 

and mixtures thereof, shall be kept, offered, exposed for sale, or sold by the following methods of 

sale: If kept, offered, exposed for sale, or sold by:

(a) Weight: by the kilogram or the pound; or by

(b) Gaseous Volume: by the metered cubic meter of vapor (defined as 1 m3 at 15 °C); or metered 

cubic foot [see Section 2.21. Note] of vapor (defined as 1 ft3 at 60 °F [15.6 °C]) [see Section 

2.21. Note]; or by, 
NIST OWM Analysis

2023 NCWM Annual L&R Agenda Items 

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(c) Liquid Volume: by the liter (defined as 1 liter at 15 °C) or the gallon (defined as 231 in3 at 

60 °F). 

2.21.2. Metered Sales by Liquid Volume. – All metered sales by liquid volume shall be 

accomplished using metering systems as follows:

(a) All metered Sales by the gallon, except those using meters metering systems with a 

maximum rated capacity greater than 20 gal/min or less shall be accomplished use of a

meter and device using a metering system that automatically compensates for the effects 

of temperature.

(b) Sales using metering systems with a maximum rated capacity equal to or less than 20 

gal/min that were placed into service after January 1, 2026, shall be accomplished by 

use of a metering system that automatically compensates for the effects of temperature.

(c) Effective January 1, 2030, all metered sales (through all capacities of metering devices, 

regardless of installation and service date) shall be accomplished by use of a metering 

system that automatically compensates for temperature.

Section 2.21. NOTE: Sources: American National Standards Institute, Inc., ANSI B109.1 

(20082000), “American National Standard For Diaphragm-Type Gas Displacement Meters (14.16 

Cubic Meters [Under 500 Cubic Feet] Per Hour Capacity and Under),” and NIST Handbook 44, 

“Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices.”

(Added 1986) (Amended 20XX) 

At the 2023 CWMA Annual Meeting, no comments were received. The Committee believes the item is 

fully developed and ready for voting status. 

Southern Weights and Measures Association 

At the 2021 SWMA Annual Meeting, NIST OWM provided a written analysis that this proposal is fully 

developed, and consideration should be given to delaying the effective date until January 1, 2025. Tim

Chesser (Arkansas) spoke in support of this item if the language is amended to an effective date of 

January 1, 2025. The Committee believes this is fully developed and recommends this as a Voting Item 

with an effective date of January 1, 2025. 

At the 2022 SWMA Annual Meeting, Lisa Warfield (NIST OWM) stated that this item has not garnered 

enough votes to get through the conference twice, but NIST has reformatted for clarity. Respectfully, 

NIST requests that the new format moves forward while also soliciting commentary to understand why 

the modified language stalled. 

Ken Ramsburg (Maryland) inquired if Section 2.21.1.(b) should be moved somewhere else in the 

handbook. 

This is a carryover item returned to the National L&R Committee from the voting session in the NCWM 

Annual Meeting. The Committee did not receive comments in favor or against it during the open 

hearings. The Committee believes the item is fully developed and recommends moving forward as a 

Voting Item with the following editorial changes to Section 2.21.1. Method of Sale. 
NIST OWM Analysis

2023 NCWM Annual L&R Agenda Items 

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2.21.1. Method of Sale. – All liquefied petroleum gas, including, but not limited to propane, butane, 

and mixtures thereof, shall be kept, offered, exposed for sale, or sold by the following methods of sale. 

If kept, offered, exposed for sale, or sold by: 

Northeastern Weights and Measures Association 

At the 2021 NEWMA Interim Meeting, Jim Willis (New York) commented that he spoke to the submitter 

regarding the equivalency comparison to the gallon. Jim Willis does not support this change. John 

McGuire commented that those opposed to the item should indicate alternative options to verify volume. 

John McGuire believes the item is ready for Voting status and believes that all metered sales by liquid 

volume should be sold by temperature compensation. Bruce Sweicicki (NPG) agreed that this item is 

unnecessary, and the meters being used to determine volume are mechanical in nature and not precise 

enough for grill containers. Tina Butcher (NIST OWM) commented the method of sale statement does 

not exclude automatic temperature compensation and it is simply in the second or alternative method of 

sale that appears after the original method of sale statement. L&R Chair Sakin commented that this item 

should have explicit clarity to avoid unintended consequences for small cylinders under 20 pounds. The 

Committee concurs that this be recommended as a Developing Item.

At the NEWMA 2022 Annual Meeting, Jim Willis stated that New York has continued to voice his 

opposition for this item due to it is burdensome for regulators and industry NEWMA recommends this 

item move forward as a Voting Item.

At the 2022 NEWMA Interim Meeting, Lisa Warfield commented that if this language does not move 

forward, would the Committee consider the new format that provides clarity and is easier to read. If the 

item moves forward, OWM recommends that the Committee consider delaying the effective date in 

Section 2.21.2.(b). John McGuire (New Jersey) supports this item and believes the item is fully 

developed and ready for Voting status. Walt Remmert (Pennsylvania) concurs as does Jimmy Cassidy 

(Massachusetts). Jim Willis (New York) does not support this item due to statues within New York. The 

Committee believes this item is fully developed and ready for Voting status.

• At the 2023 NEWMA Annual Meeting, Jim Willis opposes this item as written. He does not 

believe that temperature compensation is accurate/effective at volumes of 20 gallons or less. 

Steve Timar (New York) offers the following comments:

• if the proposal MOS-20.5 Section 2.21 Liquified Petroleum Gas was to pass as written, this may 

conflict with HB 44 LPG Code Paragraphs S.2.8 and S.4.4. He also stated the current proposal 

for the method of sale for metered sales by liquid volume states in subparagraphs (b) and (c) 

“shall be accomplished”.

• HB44 2023 Edition: 

o S.2.8. Automatic Temperature Compensation. – A device may be equipped with an adjustable 

automatic means for adjusting the indication and registration of the measured volume of 

product to the volume at 15 °C(60 °F). 

o S.4.4. Temperature Compensation. – If a device is equipped with an automatic temperature 

compensator, the primary indicating elements, recording elements, and recorded 

representation shall be clearly and conspicuously marked to show that the volume delivered 

has been adjusted to the volume at 15 °C (60 °F).

The Committee recommends this be a Voting item.
NIST OWM Analysis

2023 NCWM Annual L&R Agenda Items

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MOS-23.4 V Retail Sales of Electricity Sold as a Vehicle Fuel

Source: NIST Office of Weights and Measures 

Submitter’s Purpose and Justification:

Align the unit of measurement recognized for electrical energy vehicle fueling equipment in 

corresponding legal metrology requirements in NIST Handbook 44 Specifications, Tolerances, and Other 

Technical Requirements for Weighing and Measuring Devices Section 3.40 Electric Vehicle Fueling 

Systems Code, NIST Handbook 130 Uniform Laws and Regulations in the Areas of Legal Metrology and 

Fuel Quality Part IV. B. Section 2.34 Retail Sales of Electricity Sold as a Vehicle Fuel, and corresponding 

international documentary standards.

In harmony with the USNWG’s EVFE Subgroup 2022 recommendation deleting all references to the 

“megajoule” unit of measurement in the device handbook requirements, NIST OWM proposes similar 

modifications to the method of sale regulation for retail sales of electrical energy as a vehicle fuel. The 

joule unit of measurement is not in use for this commercial application. This proposal will align the unit 

of measurement recognized for electrical energy vehicle fueling equipment in corresponding legal 

metrology requirements in NIST Handbook 44 Specifications, Tolerances, and Other Technical 

Requirements for Weighing and Measuring Devices, Section 3.40 Electric Vehicle Fueling Systems 

Code, NIST Handbook 130 Uniform Laws and Regulations in the Areas of Legal Metrology and Fuel 

Quality Part IV. B. Section 2.34 Retail Sales of Electricity Sold as a Vehicle Fuel, and corresponding 

international documentary standards.

The 2022 NCWM adopted several initial modifications in the device handbook code requirements for 

Electric Vehicle Fueling Systems (EVSEs) to include removing the megajoule (MJ) SI unit. This 

modification was made in response to information received from the USNWG’s EVFE Subgroup 

indicating this unit of measurement is not recognized for electrical energy in the SI system (i.e., OIML R 

46 Active electrical energy meters and the yet to be published OIML electrical vehicle charging systems 

standard). During the 2023 weights and measures standards development cycle further modifications will 

be proposed by the EVFE Subgroup to remove all remaining references to the megajoule in the device 

requirements. To align the unit of measurements recognized for electrical energy vehicle fueling in 

corresponding legal metrology requirements in NIST Handbook 44 and NIST Handbook 130 NIST OWM 

has developed this proposal for modifying NIST Handbook 130 method of sale, equipment labeling, 

signage, and advertising requirements to delete all reference to the megajoule (MJ).

The submitter acknowledges that removing the “megajoule (MJ)” unit of measurement from the 

handbook does not conform to the practice in place for applying the concept of primary use of SI (metric) 

measurements recommended in the Omnibus Trade and Competitiveness Act of 1988.

Following this practice, the handbooks cite the SI unit before the U.S. customary unit of measurement. 

Currently, the handbook code requirements which apply to measurements of electrical energy when sold 

as a vehicle fuel the requirement specify the megajoule followed by the kilowatt-hour (kWh). It appears 

the trade practice is limited to the kilowatt-hour. Consequently, it is recommended the megajoule no 

longer be referenced in all handbooks (130 and 44) for this commercial application and to harmonize with 

corresponding international standards where units of measurement are only expressed only in the 

kilowatt-hour. 

The Joule does not appear to be in use as the unit for measuring the quantity of electrical energy supplied 

to an EV battery. Measurements of electrical energy will be in increments of 0.0001 kWh for AC systems 
NIST OWM Analysis

2023 NCWM Annual L&R Agenda Items

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and 0.001 kWh for DC fast charging systems. The conversion of a kilowatt-hour to a megajoule is 

accomplished by multiplying by a factor of 3.6 (i.e., 1 kWh = 3 600 000 J = 3 600 kJ = 3.6 MJ). Rather 

than advance indications of quantity in increments of 3.6 the code developers agreed to recognize an 

increment value for electrical energy when sold as a vehicle fuel expressed as 5 (or 5 MJ) in the 

handbooks, which is an increment that facilitates rounding and calculating delivery quantities and the 

total sale amount. The elimination of the use of the megajoule to require only indications in the kilowatthour unit of measurement does not appear to adversely affect any EVSEs in commercial use. Should the 

delivery, displayed quantity, and advertised price of electrical energy move to expressions of quantity by 

the joule the handbook could be modified to recognize that unit of measurement.

The submitter requested that this be a Voting Item in 2023.

NIST OWM Executive for MOS-23.4 – Retail Sales of Electricity Sold as a Vehicle Fuel

NIST OWM Recommendation: OWM believes this item is fully developed and ready for Voting status.

• The Joule unit of measurement is not in use for this commercial application. This will align 

with the USNWG recommendation to delete all references in NIST HB44 to the megajoule, as 

well as align NIST HB130. 

• The proposal aligns the unit of measurement recognized for electrical energy vehicle fueling 

equipment in corresponding legal metrology requirements in NIST Handbooks 44 and 130 by 

removing all reference to “joule.”

• The “joule” unit of measurement is not recognized for electrical energy in corresponding 

OIML R 46 Active electrical energy meters and the recently published OIML Guide 22 

Electrical vehicle supply equipment standard.

• NIST OWM acknowledges that removing the “megajoule (MJ)” unit of measurement from the 

handbook does not conform to the practice in place for applying the concept of primary use of 

SI (metric) measurements. However, it appears that the trade practice is limited to use of the 

kilowatt-hour unit of measurement. Should the delivery, displayed quantity, and advertised 

price of electrical energy move to expressions of quantity by the joule the handbook could be 

modified at that time to recognize that unit of measurement.
NIST OWM Analysis

2023 NCWM Annual L&R Agenda Items 

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Table 2. Summary of Recommendations

MOS-23.4. – Retail Sales of Electricity Sold as a Vehicle Fuel

Status Recommendation Note* Comments

Submitter Voting

OWM Voting

WWMA Voting

NEWMA Voting

SWMA Voting

CWMA Voting

NCWM Voting

*Notes Key:

1 Submitted modified language

2 Item not discussed

3 No meeting held

4 Not submitted on agenda

5 No recommendation or not considered

Item Under Consideration:

2.34. Retail Sales of Electricity Sold as a Vehicle Fuel.

... 

2.34.2. Method of Sale. – All electrical energy kept, offered, or exposed for sale and sold at 

retail as a vehicle fuel shall be in units in terms of the megajoule (MJ) or kilowatt-hour (kWh). 

In addition to the fee assessed for the quantity of electrical energy sold, fees may be assessed for 

other services; such fees may be based on time measurement and/or a fixed fee.

(Amended 202X) 

2.34.3. Retail Electric Vehicle Supply Equipment (EVSE) Labeling. 

(a) A computing EVSE shall display the unit price in whole cents (e.g., $0.12) or tenths of 

one cent (e.g., $0.119) on the basis of price per megajoule (MJ) or kilowatt-hour (kWh). 

In cases where the electrical energy is unlimited or free of charge, this fact shall be 

clearly indicated in place of the unit price.

(Amended 202X) 

... 

2.34.4. Street Sign Prices and Other Advertisements. – Where electrical energy unit price 

information is presented on street signs or in advertising other than on EVSE: 

(a) The electrical energy unit price shall be in terms of price per megajoule (MJ) or

kilowatt-hour (kWh) in whole cents (e.g., $0.12) or tenths of one cent (e.g., $0.119). In 

cases where the electrical energy is unlimited or free of charge, this fact shall be clearly 

indicated in place of the unit price.
NIST OWM Analysis

2023 NCWM Annual L&R Agenda Items 

34

(Amended 20XX)

NIST OWM Detailed Technical Analysis:

The 2022 NCWM adopted several initial modifications in the device handbook code requirements for 

Electric Vehicle Fueling Systems (EVSEs) to include removing the megajoule (MJ) SI unit. This 

modification was made in response to information received from the USNWG’s EVFE Subgroup 

indicating this unit of measurement is not recognized for electrical energy in the SI system (i.e., OIML R 

46 Active electrical energy meters and the yet to be published OIML electrical vehicle charging systems 

standard). This proposal will align with the USNWG recommendation to delete all references in NIST 

Handbook 44 Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring 

Devices Section 3.40. Electric Vehicle Fueling Systems Code to the megajoule. Additional information is 

outlined in the Submitter’s Purpose and Justification section above. 

Summary of Discussions and Actions:

At the 2023 NCWM Interim Meeting, David Sefcik stated that the joule unit of measurement is not in use 

for this commercial application, therefore references to the megajoule should be removed. This will align 

the USNWG recommendation to delete all NIST HB 44 references to align with NIST HB 130. Kevin 

Schnepp (California) supported this item moving forward to harmonize the handbooks. 

Based upon the NIST OWM Analysis the Committee concurred with the Item under Consideration. The 

Committee considered the proposal to be fully developed and assigned Voting status.

Regional Association Reporting: 

Western Weights and Measures Association

At the 2022 WWMA Annual Meeting, Cadence Matijevich (Nevada) spoke in support of this item. We 

heard testimony that this item would harmonize NIST Handbook 130 with NIST Handbook 44. Kevin 

Schnepp supported this item moving forward. 

The WWMA L&R Committee recommends Voting status based on the comments heard.

Central Weights and Measures Association 

At the 2022 CWMA Interim Meeting, Craig VanBuren (Michigan) indicated support for this item. He 

believes it is ready for Voting status as it reflects changes suggested in subsequent meetings. Mike 

Harrington (Iowa) also supports this item both in concept and as an item with Voting status. Based on 

supportive testimony for this item and the desire to move it forward as a Voting Item, the Committee 

believes it is fully developed and ready for Voting status. 

At the 2023 CWMA Annual Meeting, no comments were received. The Committee believes the item is 

fully developed and ready for voting status. 

Southern Weights and Measures Association 

At the 2022 SWMA Annual Meeting, Lisa Warfield (NIST OWM) commented that the megajoule (MJ) is 

not for use in the application and recommends aligning with the National workforce group to remove all 
NIST OWM Analysis

2023 NCWM Annual L&R Agenda Items

35

megajoule references. No other comments were received. The Committees believed that this item is fully 

developed and recommends it as a Voting Item. 

Northeastern Weights and Measures Association 

At the 2022 NEWMA Interim Meeting, Lisa Warfield commented the item number should be MOS-23.4. 

Juana Williams (NIST OWM) commented that this is a companion item to an S&T item where megajoule 

is being removed as a measurement term. John McGuire (New Jersey) supports the item moving forward 

as a Voting Item, as does Jimmy Cassidy (Massachusetts), and Jim Willis (New York). The Committee 

recommends this item move forward with Voting status.

At the 2023 NEWMA Annual Meeting, the Committee heard no comments and recommended this as a 

Voting Item.

UPR – Uniform Unit Pricing Regulation

UPR-23.1 V Section 2. Terms for Unit Pricing.

Source: Vermont Division of Food Safety and Consumer Protection Weights and 

Measures

Submitter’s Purpose and Justification:

Make the Uniform Unit Pricing Regulation in Handbook 130 more comprehensive by adding terms for 

commodities sold by length.

Unit Pricing allows consumers to make value comparisons of similar products and assists those 

consumers with making purchasing decisions. Currently the Uniform Unit Pricing Regulation offers 

guidance for commodities sold by weight, dry measure or volume, liquid volume, count, and area. It does 

not include guidance for commodities sold by length. 

The current period of inflation has led to frequent price and package size changes. This is resulting in 

unit pricing becoming more critical to consumers who are trying to maximize their purchasing power.

Without clear guidance many of these commodities are being sold by the each or with inconsistent units. 

This does not allow consumers to make value comparisons of similar products.

Adding the proposed language will add clear guidance to the regulation and assist retailers with providing 

accurate unit pricing information to consumers. The guidance will also benefit retailers who are either 

required to or voluntarily choose to unit price their commodities by providing specific information to 

items sold by length. The proposed language is clear and consistent with the other units of measure 

currently stated in the regulation.

The submitter acknowledges that due to added time and expense, some retailers may be opposed to unit 

pricing by length as it adds another category of commodity that is required be addressed. Some retailers 

may question the value of unit pricing and feel it is not used or underutilized by consumers.

The submitter requested that this be a Voting Item in 2023.
NIST OWM Analysis

2023 NCWM Annual L&R Agenda Items 

36

NIST OWM Executive for UPR-23.1 – Section 2. Terms for Unit Pricing.

NIST OWM Recommendation: OWM supports the recommended proposal with the following 

editorial change and then believes it is ready for Voting. 

• The word “the” should be added before the word “net.” “Price per meter, decimeter, 

centimeter or price per yard, foot, or 100 feet, or inch, if the net quantity of contents of the 

commodity is in terms of length.”

• OWM supports the proposed change and recommends adding “100 feet” be added to the 

proposed language. The modified language would read, “Price per meter, decimeter, 

centimeter or price per yard, foot or 100 feet, or inch, if net quantity of contents of the 

commodity is in terms of length.”

• The Uniform Unit Pricing Regulation does not provide guidance for commodities sold by 

length. The terms recommended in the proposal have been in use in the marketplace for many 

years. Adding the proposed language will add clear guidance to the regulation and assist 

retailers with providing accurate and uniform unit pricing information to consumers. 

• Making this change would be consistent with NIST SP 1181 Unit Pricing Guide, A Best 

Practice Approach to Unit Pricing.

Table 2. Summary of Recommendations

UPR-23.1. – Section 2. Terms for Unit Pricing

Status Recommendation Note* Comments

Submitter Voting

OWM Voting

WWMA Voting

NEWMA Voting

SWMA Voting

CWMA Voting

NCWM Voting

*Notes Key:

1 Submitted modified language

2 Item not discussed

3 No meeting held

4 Not submitted on agenda

5 No recommendation or not considered
NIST OWM Analysis

2023 NCWM Annual L&R Agenda Items 

37

Item Under Consideration:

Amend Handbook 130 Uniform Unit Pricing Regulation as follows: 

Section 2. Terms for Unit Pricing

The declaration of the unit price of a particular commodity in all package sizes offered for sale in a retail

establishment shall be uniformly and consistently expressed in terms of:

(a) Price per kilogram or 100 g, or price per pound or ounce, if the net quantity of contents of the 

commodity isin terms of weight.

(b) Price per liter or 100 mL, or price per dry quart or dry pint, if the net quantity of contents of the 

commodityis in terms of dry measure or volume.

(c) Price per liter or 100 mL, or price per gallon, quart, pint, or fluid ounce, if the net quantity of 

contents of the commodity is in terms of liquid volume.

(d) Price per individual unit or multiple units if the net quantity of contents of the commodity is in

terms of count. 

(e) Price per square meter, square decimeter, or square centimeter, or price per square yard, square foot,

or square inch, if the net quantity of contents of the commodity is in terms of area.

(f) Price per meter, decimeter, centimeter or price per yard, foot, or 100 feet, or inch, if net 

quantity of contents of the commodity is in terms of length.

(Amended 20XX)

NIST OWM Detailed Technical Analysis:

Presently, ten states adopt the Uniform Unit Pricing Regulation. Nine states have their own mandatory 

unit pricing regulations, leaving 31 states with no regulation in force. Unit Pricing allows consumers to 

make value comparisons of similar products and assists those consumers with making purchasing 

decisions. 

Currently, the Uniform Unit Pricing Regulation does not provide guidance for commodities sold by 

length. The terms recommended in the proposal have been in use in the marketplace for years despite it 

being omitted from Section 2: Terms for Unit Pricing. Adding the proposed language will add clear 

guidance to the regulation and assist retailers with providing accurate and uniform unit pricing 

information to consumers. 

OWM supports the proposed change, but also recommends that “per 100 feet” be added. The language 

proposed language should appear as: 

(f) Price per meter, decimeter, centimeter or price per yard, foot or 100 feet, or inch, if the net 

quantity of contents of the commodity is in terms of length.

This would be consistent with NIST Special Publication 1181 “Unit Pricing Guide, "A Best Practice 

Approach to Unit Pricing" | NIST. 

Summary of Discussions and Actions:
NIST OWM Analysis

2023 NCWM Annual L&R Agenda Items 

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At the 2023 NCWM Interim Meeting, Marc Paquette (submitter) noted that during routine inspections the 

issue came to light. Marc Paquette concurs with the language that is provided by NIST OWM. Several 

members rose in support of this item. James Cassidy (Massachusetts) also concurred also mentioned that 

they enforce the unit pricing law and would like to have a group look at the Unit Pricing application and 

is looking to form a work group. David Sefcik commented there is a need to look at “unit pricing” and 

NIST OWM does have a Unit Pricing Guide that is up for review. The Committee concurred with the 

comments of adding “100 feet” and assigned this Item a Voting status. 

Regional Association Reporting: 

Western Weights and Measures Association

At the 2022 WWMA Annual Meeting, Catherine de Contreras (CDFA/DMS), Kurt Floren (Los Angeles 

County, California), and David Sefcik (NIST OWM), supported this item moving forward. David Sefcik

also brought up adding the term “100-foot,” after the word foot in item (f) to harmonize language with the 

best practice guide publication NIST SP1181 Unit Pricing Guide. 

(f) Price per meter, decimeter, centimeter or price per yard, foot, 100-foot, or inch, if the net 

quantity of contents of the commodity is in terms of length. 

The WWMA L&R Committee recommends Voting status with the above changes, based on the 

comments heard.

Central Weights and Measures Association

At the 2022 CWMA Interim Meeting, Doug Musick (Kansas) supported the item and believes it is ready 

for Voting status. The Committee concurs this item is fully developed and ready for Voting status. 

At the 2023 CWMA Annual Meeting, John McGuire (NIST OWM) supports this item moving forward 

with as a Voting status with the inclusion for 100 feet. The word “the “should be added before the word 

“net” in Section 2. Terms for Unit Pricing subsection (f). The sentence should read “Price per meter, 

decimeter, centimeter or price per yard, foot or 100 feet, or inch, if the net quantity of contents of the 

commodity is in terms of length.”

Southern Weights and Measures Association 

At the 2022 SWMA Annual Meeting, Lisa Warfield (NIST OWM) was in support of proposed changed 

and recommended adding “per 100 feet” (“Or 100 feet”). The recommended term has been in the 

marketplace and adding this into the handbook will align to NIST SP 811. 

The Committee recommends this as a Voting Item with the addition of the term “100-foot,” after the word 

foot in item (f) to harmonize language with the best practice guide publication NIST SP1181 Unit Pricing 

Guide. 

(f) Price per meter, decimeter, centimeter or price per yard, foot, 100-foot, or inch, if the net 

quantity of contents of the commodity is in terms of length.

Northeastern Weights and Measures Association 
NIST OWM Analysis

2023 NCWM Annual L&R Agenda Items 

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At the 2022 NEWMA Interim Meeting, Marc Paquette (Vermont and submitter) stated that the terms of 

length should be added to this model language for consistency in the marketplace. Lisa commented that 

OWM supported the proposed change and recommends adding “per 100 feet” be added to the proposed 

language. The modified language would read, “Price per meter, decimeter, centimeter or price per yard, 

foot or 100 feet, or inch, if net quantity of contents of the commodity is in terms of length.” Lisa 

Warfield further commented that the Uniform Unit Pricing Regulation does not provide guidance for 

commodities sold by length. The terms recommended in the proposal have been in the marketplace but

adding the proposed language will add clear guidance to the regulation and assist retailers with providing 

accurate unit pricing information to consumers. She also remarked that making this change would be 

consistent with NIST Special Publication 1181 Unit Pricing Guide, “A Best Practice Approach to Unit 

Pricing”. Lisa Warfield noted that there is an editorial error in the title – it should read Uniform Unit 

Pricing Regulation. Jason Flint (New Jersey) commented that they support this item with Lisa Warfield’s 

amendment and supports it as a Voting Item. Marc Paquette has no objection to the amended language. 

Jimmy Cassidy, (Massachusetts), Cheryl Ayer (New Hampshire), and Walt Remmert (Pennsylvania), all 

support it as a Voting Item, as amended. The Committee recommends Voting status for this item as 

amended by Lisa Warfield. 

At the 2023 NEWMA Interim Meeting, Marc Paquette stated this is adding terms for retailers and 

strongly feels this is a Voting item. Jason Flint (New Jersey) fully supports Vermont comments. John 

McGuire (NIST OWM) offered an editorial change by adding “the” in section (f) Price per meter, 

decimeter, centimeter or price per yard, foot, or 100 feet, or inch, if the net quantity of contents of the 

commodity is in terms of length. The Committee recommended this as a Voting Item.

NTP – Uniform Regulation for National Type Evaluation 

NTP-23.1 W Section 4. Prohibited Acts and Exemptions. 

Source: Electrify America

Submitter’s Purpose and Justification:

Provide provisions for devices in service prior to the expansion of NTEP evaluation of the device 

category. 

NTEP does not accept applications for evaluations of all categories of devices that are covered by 

category-specific standards in Handbook 44. As just a few examples, NTEP does not evaluate timing 

devices, fabric-measuring devices, odometers, or milk meters. If a certificate of conformance were an 

absolute requirement for the lawful use of a commercial device, the absence of these evaluation programs 

would present a serious problem, because no device in these categories would be permissible. The 

Uniform Regulation in Handbook 130 addresses that situation by stating that the Uniform Regulation 

applies to categories for which NTEP has established evaluation procedures. 

But there remains a problem about categories for which NTEP has not previously established evaluation 

procedures, but then newly begins evaluations. This problem has surfaced recently for electric vehicle 

chargers. Before 2021, NTEP did not have an evaluation procedure for EV chargers, and it did not accept 

applications for evaluating them. In 2021, NTEP published an evaluation protocol for AC chargers, and 

on July 1, 2022, it issued its first certificate for an AC charger. As the Uniform Regulation is drafted, 

there is a significant risk for existing devices. The Uniform Regulation says a device must be traceable to 
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40

an active certificate of conformance. Section 4(a), (b). By definition, a device is traceable to an active 

CC only if the device “was manufactured during the period that the Certificate was maintained in active 

status.” Section 2.1. A device that was manufactured before NTEP was even inspecting a given

category of device was not manufactured during a period withan active certificate. There are various

exceptions in section 4 (such as one-of-a-kind devices, or the change that a statenewly adopts the 

Uniform Regulation), but none that works for an existing device in this situation.

Many states do not incorporate the Uniform Regulation by reference but have instead drafted their own

rules that are basedon it. Most such states do not incorporate this narrow concept of “traceable,” which 

produces such potential difficulties in cases where NTEP transitions by beginning to evaluate a given 

category of device. Most states that have drafted their own rules also provide a general-purpose 

exception, that a device without an NTEP certificate can still be used if the weights and measures director 

approves the device type. In 2021, Florida amended its regulations for exactly that sort of purpose.

Previously, Florida absolutely required an NTEP certificate; now, a device without an NTEP certificate 

can be used in commercial service if the director has reviewed and approved the device under Handbook 

44 standards.

We believe that approach was the original intent of the Uniform Regulation. In other words, NTEP was 

meant to provide assistance to state directors, by offering a standard nationwide evaluation they could 

rely on; but it was not meant to restrict the ability that state directors used to have, to conduct their own 

evaluations. The proposed amendment would clarify that authority, in states that incorporate the Uniform 

Regulation by reference. Under the amendment, a director would not be forced to accept or approve 

devices from before an NTEP transition. But the director would be able to approve them.

The proposal does not limit its scope to devices that were placed in service, installed, or manufactured 

before a given point, whether that point is the publication of an evaluation protocol, the opening of NTEP 

to application, the issuance of the first certificate in a given category, or the issuance of a certificate for a 

given type. The various options for such trigger dates would present unfairness, in various ways. For 

example, when NTEP has published an evaluation protocol, there will typically be an extended period of 

time during it which it does its first evaluations under the new protocol, before it actually issues 

certificates. It would not be sensible to make the “director approval” available only for devices from 

before the protocol was published, but not those during the intervening period while NTEP was getting 

used to the process in its first evaluations. Then, when NTEP does issue certificates, some device type 

will get the first one. That might be because that manufacturer was first in line, but there could be 

multiple other factors (scheduling at evaluation labs, the complexity of a given design, etc.). It would not 

seem right to cut off the “director approval” option for all other devices just because the first certificate

has issued. Besides, the “director approval” option should not really be cut off at any point. This

option should remain available, not only in NTEP transitions but indefinitely, so that a state director 

retains the discretion and flexibility to approve a device type. So that, as was originally intended, the 

NTEP program is a support and assistance to regulators, rather than a constraint on them.

A regulator should not, of course, approve a device type that is not capable of complying with applicable 

Handbook 44 standards. The proposal would require that an application for director approval be 

accompanied by documentation showing the device type does comply. The text is modeled on the 

regulatory amendment that Florida adopted in 2021 to establish a “director approval” mechanism.

This problem is arising today with respect to EV chargers, and solving it is a nationwide issue to avoid 

the potential replacement of chargers that are adequate and comply with Handbook 44 standards, simply 

because of a technical flaw in the Uniform Regulation. But the problem is likely to recur. EV chargers 

are not the last device category for which there will be an NTEP transition. The lack of a “director 
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2023 NCWM Annual L&R Agenda Items 

41

approval” exception in the Uniform Regulation is likely an oversight from the original drafting, and it 

should be corrected. 

The submitter acknowledges that one potential objection would be that this proposal will increase the 

burden on regulators, because they will receive multiple applications for director approval. We believe 

that concern should not lead to rejection of the proposal. Many states already operate a “director 

approval” mechanism, and we are not aware of undue burden they face from applications. Moreover, a

given agency would be able to decide how it wants to implement or exercise this exception. An agency 

might, for example, announce that “director approval” is only available in certain specified circumstances.

Another objection might be that “director approval” does not need to be written into the Uniform

Regulation, because directors have this authority anyway. That might be true in many states, but there 

are likely some states that adopt the Uniform Regulation by reference, and where state law does not give 

the director authority to issue variances.

The submitter requested that this be a Voting Item.

Item Under Consideration:

Amend Handbook 130 Uniform Regulation for National Type Evaluation as follows: 

Section 4. Prohibited Acts and Exemptions

... 

(m) A device that is not traceable to an active CC may be used if the following conditions are

met:

(1) Written notification is received by the Director prior to the device being placed in

service;

(2) The notification is accompanied by documentation demonstrating that the performance

and construction of the device type is in conformance with the specifications, tolerances,

and other technical requirements of NIST Handbook 44 effective on the date that the

device will be placed in service; and

(3) The Director has approved the use of the device type pursuant to this paragraph.

(Added 20XX)

NIST OWM Detailed Technical Analysis:

1) Prior to submitting the proposal to modify the prohibited acts and exemptions applicable to NTEP 

regulations, it was recommended the submitter contact Darrell Flocken (NCWM NTEP 

Administrator) for input on any proposed language. 

2) Any such proposed change will affect not only electric vehicle fueling devices, so input from 

industry and regulators addressing other device types will be important to any such proposal. 

3) NIST Handbook 130 Uniform Regulation for National Type Evaluation already encourages states 

to amend the regulation to include a provision allowing them to conduct an evaluation in 
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42

instances where formal NTEP Type Evaluation does not apply (not the case in this situation [i.e., 

EVFSs]). NIST OWM acknowledges the submitter’s observations that not all states have 

specifically added such a clause to their regulation. Further research may be needed on the 

inclusion of this statement in the Note as part of the Application in Section 1.

4) States that have adopted such provisions which would allow them to conduct their own evaluation 

will not likely exempt devices from type evaluation. Instead, such states would conduct their 

own type evaluation (using their own or other available standards and type evaluation criteria that 

they deem appropriate) and/or accept type evaluation certificates issued by other organizations 

(e.g., CA Type Evaluation, other states’ type evaluation certificates).

5) The provisions in the model regulation for “exemptions” are intended to set implementation dates 

for when the state began requiring type evaluation and traceability to an active Certificate of 

Conformance. These clauses are not (as written in the model regulation) device category- or 

model-driven and are intended to serve the best interests of business, consumers, and the 

regulatory authority.

6) It is unlikely that states will be willing to adopt a clause that would allow a given “type” (i.e., a 

specific model of device) to be exempt from type evaluation for future installations.

Summary of Discussions and Actions

At the 2023 NCWM Interim Meeting, Keith Bradley (Electrify America and submitter) stated that NTEP 

has no ability to approve devices and issue certificates for these devices. He also testified that his is not 

intended to be open ended but meant as a modest solution. Parking meters and whatever else do not have 

Certificate of Conformances.

Dimitri Karimov (Meter Manufacturing Association) opposed this item due to NIST HB 130 has 

provisions for adoption of these items. Matthew Curran (Florida) interprets that if one cannot get NTEP 

they could go to the states to seek approval. He believes this is a dangerous slope and undermines the 

NTEP process. Austin Shepherd (San Diego, California) remarked that they opposed it for being too 

open-ended. Michael Keilty (Endress + Hauser) understood the frustration for developing new 

technology and had experienced this with the mass flow meter when a tentative certificate could not be 

obtained. He noted that one is obliged to show the device fully complies as adopted by the conference 

and keep the certification current. Michael Keilty requests this item be withdrawn. Hal Prince (Florida)

believed this was drafted with the Florida regulation in mind. There might be a misunderstanding about 

approval from a directory for one of a kind device for review. He believed is a discrepancy as to where 

this proposal is going and requested it be withdrawn. Many other regulators rose in opposition of this 

item. 

The Committee assigned a Withdrawn status based on comments and concerns that this item would create 

conflicts with the states that have a means to address the issue.

Regional Association Reporting: 
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Western Weights and Measures Association

At the 2022 WWMA Annual Meeting, Michael Keilty (representing self) recommended withdrawal. He 

spoke concerns that this would bypass the NTEP type approval process and have ramifications for all 

other devices besides EVFS. Kevin Schnepp (CDFA/DMS) recommended withdrawal, the nonretroactive periods address this issue, and if an item can meet the criteria of part (ii) it can be NTEP type 

approved. Kurt Floren (Los Angeles County, California) suggested withdrawal of this item. There was 

support from representatives Chris King (Siemens) and Scheleese Goudy (Electrify America). Scheleese

Goudy explained that states such as Florida have recently developed regulations to allow the director to 

accept devices. The WWMA recognizes the concerns addressed by this proposal but feel this is not the 

appropriate method to solve them. Rather than modifying the NTEP approval process, these concerns 

would best be addressed by non-retroactive dates or other EVFS specific codes. Therefore, the WWMA 

L&R Committee recommends this item be withdrawn.

Central Weights and Measures Association

At the 2022 CWMA Interim Meeting, Scheleese Goudy (Electrify America) commented that NTEP does 

not provide evaluation certificates for all types of devices. This item would provide exceptions for 

devices in service prior to NTEP evaluating and certifying a new device category. Doug Rathbun 

(Illinois) commented he is not sure whether he supports this item and is concerned it could make the state 

vulnerable to litigious action. Craig VanBuren (Michigan) supports the concept but believes the item 

needs further development. Michigan already has provisions for non-NTEP devices that are more 

stringent than this proposal in some areas. Michael Keilty (Endress+Hauser) commented he believes the 

item needs further development. The term “not traceable” and no retroactive date are two areas he 

believes need further development. Doug Musick (Kansas) concurs with others and indicated he is unsure 

if this item is necessary because NTEP states already have provisions for non-NTEP devices. Doug

Musick expressed concern that while this is being discussed for electric vehicle charging stations it would 

apply to all devices. Loren Minnich (Kansas) suggested using OIML or Measurement Canada as an 

alternative certifying body to NTEP. Joe Smith (Wisconsin) commented this item opens the possibility 

for non-uniformity among neighboring states. Due to concerns expressed during open hearings and those 

expressed during working session discussions, the Committee recommends this item be given Developing 

status and returned to the submitter for further development based on comments heard during open 

hearings.

Southern Weights and Measures Association

At the 2022 SWMA Annual Meeting, Scheleese Goudy stated that the proposal’s purpose is to address 

NTEP’s lack of uniform regulation provisions in dealing with transitions for devices that were not 

previously issued certificates of conformance and now are (for example EV chargers). She is in favor of 

this as a Voting Item.

Michael Keilty (Endress + Hauser) stated that this language creates a definition of exemption against 

using NTEP and doesn’t think that is safe to use for all types (meters, scales, charger, dispensers). He 

opposes this item and doesn’t want non-traceable devices to be installed. He asks that this item be 

withdrawn.

John Stokes (South Carolina) questioned if there isn’t a certificate of conformance then how it gets in use. 

At first, he was undecided and then later clarified was against it as presented.
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Ken Ramsburg (Maryland) mentioned the letter from the director of NTEP that its purpose isn’t to 

evaluate all devices in the marketplace. He suggested inquiring if there is a list of devices they plan to 

evaluate. Are they going to evaluate AC/DC or WIMS?

Hal Prince mentioned that this language is similar to what is already adopted into Florida rule. While this 

was right for Florida (since Florida’s language is more restrictive) he recommends proceeding with 

caution as this may open the door for others to sidestep NTEP which wasn’t the intention. He also 

mentioned that NTEP will be offering certification for AC devices and conditional for DC charging 

devices based on California Type Evaluation Program. 

Tory Brewer (West Virginia) commented that use of the word “active” was confusing since some NTEP 

“inactive” certificates are still acceptable to use. He suggested possibly changing the word “active” to 

“valid”. Steve Benjamin (North Carolina) commented that the Director cannot be notified if devices are 

already in place. Michael Keilty attempted to distinguish between Active vs Inactive. 

After the comments received from the floor there were many questions that remained. The Committee 

believed this item has merit and needs to move forward so it can be further vetted by the membership and 

possibly further developed. The Committee gives a Developing status to this item. 

Northeastern Weights and Measures Association 

At the 2022 NEWMA Interim Meeting, Keith Bradley commented NTEP does not evaluate all devices, 

and so there is no need for a certificate if NTEP doesn’t not evaluate a particular device. He believes 

provisions should be made for devices in service prior to the expansion of NTEP evaluation to cover such 

device. Keith Bradley further commented the simplest solution is to give state agencies discretion to 

allow a waiver for such devices. He further stated that the model language as it currently exists 

inadvertently hamstrings states from regulating devices not covered by NTEP found in their states. Chair 

Sakin asked if state agency director’s already have the authority to allow waivers. Lisa Warfield (NIST 

OWM Technical Advisor) commented that NIST has not had an opportunity to evaluate this item but will 

do so before the 2023 NCWM Interim Meeting. Michael Keilty commented that he feels this is a 

worrisome precedent. He believes that this provision could have unintended consequences to allow 

manufacturers to place devices into service before they have been NTEP approved. John McGuire (New 

Jersey) concurs with Michael Keilty and believes the item should be withdrawn. Walt Remmert 

(Pennsylvania) commented that he also believes the item should be withdrawn, as does Jimmy Cassidy 

(Massachusetts). The Committee recommends the item be withdrawn. 

FLR – Uniform Fuels and Automotive Lubricants Regulation

FLR-23.3 D Section 2.20. Hydrogen Fuel.

Source: Quong and Associates

Submitter’s Purpose and Justification:

Add equivalent hydrogen quality standard, ISO 14687 to 2.20.

As hydrogen fuel cell vehicles expand worldwide, the codes and standards that support them have also 

moved to an international stage. Currently, most of the hydrogen quality requirements for fuel cell 

vehicles have occurred under the International Organization for Standardization (ISO) 14687 “Hydrogen
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2023 NCWM Annual L&R Agenda Items 

45

fuel quality – Product specification”. The latest revision of ISO 14687 occurred in 2019, and SAE 2719 

was updated in 2020 to match. The attached document compares the latest hydrogen fuel quality 

specifications in ISO 14687 2019 and SAE J2719 2020. Having both requirements will allow the user of 

the station to use the most updated specification and ensure that fuel cell vehicles are protected from

contaminated fuel.

Some may argue that Argument: The updates in ISO 14687 could be considered a relaxation of the 

hydrogen quality requirements. The submitter explained that the changes were made to provide 

flexibility for contaminates which could not damage the fuel cell vehicle, or combine contaminates with 

similar characteristics, such as inert gases or carbon monoxide/ formaldehyde/formic acid.

The submitter requested that this be a Voting Item.

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

NIST OWM Recommendation: OWM recommends that this item either be returned to the Submitter 

or FALS for additional development.

• 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?

Table 2. Summary of Recommendations

FLR-23.3. – Section 2.20. Hydrogen Fuel

Status Recommendation Note* Comments

Submitter Voting 1 

Ltr. dated 08MAY2023 further modifies 

Section 2.20 to specify the ISO Grade (D) 

and the most recently published standard 

OWM Developing

WWMA Voting

NEWMA Developing

SWMA Developing

CWMA Developing

NCWM Developing

FALS Developing

*Notes Key:
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2023 NCWM Annual L&R Agenda Items 

46

1 Submitted modified language

2 Item not discussed

3 No meeting held

4 Not submitted on agenda

5 No recommendation or not considered

Item Under Consideration: 

Amend Handbook 130 Uniform Fuels and Automotive Lubricants Regulation as follows: 

2.20 Hydrogen Fuel. – Shall meet the latest version of SAE J2719, “Hydrogen Fuel Quality for 

Fuel Cell Vehicles” or ISO 14687 “Hydrogen fuel quality — Product specification”. 

(Added 2012) (Amended 20XX)

NIST OWM Detailed Technical Analysis:

The weights and measures community recognizes a more than two decades a concerted effort in the 

hydrogen community to globally align related standards. Concerns have been raised about the proposal 

resulting in dual fuel quality standards in effect should there be a delay in the alignment process. 

Clarification needs to be sought on 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. NIST OWM notes that there should also be clarification on whether 

specific portions of the ISO standard applicable to fueling road vehicles must be cited in the fuel 

specification requirement. 

The NIST sponsored USNWG on Developing Commercial Measurements Standards for Hydrogen Gas 

was established in 2007; however, the Work Group’s membership level has declined as a result of the 

normal progression of changes that have occurred in both the public and private sectors and there has 

been very limited recent activity to address hydrogen gas legal metrology requirements. Juana Williams 

has not had the opportunity to discuss the proposals as they appear in NCWM Publication 16 (2023) with 

FALS Chair Benchea. NIST OWM has participated in the National Hydrogen Fuel Cell Codes and 

Standards Coordinating Committee (NHFCCSCC) several of whose members have been part of the Work 

Group and that group also represents a wide variety of stakeholders ( to include the submitter) in the 

hydrogen community. Juana Williams has made this group, which works to harmonize global hydrogen 

standards, aware of the 2023 NIST HB 130 proposals and continues to update the NHFCCSCC on the 

latest status of all proposals and provide them with contact information should they wish to provide input 

to the weights and measures community as it prepares for the 2023 NCWM Annual Meeting. 

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

there be a delay in the alignment process. Is there typically a chronological order adhered to in the 

development of these standards which would eliminate any concerns about dual fuel standards being in 

effect at the same time? 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? 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? 

NIST OWM is aware of the submitter’s May 8, 2023 letter recommending further modification to the 

proposal to specify the ISO Grade (D) and the application of the most recently published standard; 

however, there would be a gap in compliance typically when a standard becomes more stringent. 
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47

Summary of Discussions and Actions:

At the 2023 NCWM Interim Meeting, Matthew Curran (Florida) opposed this item due to two different 

standards reflected within one regulation. FALS Chair Benchea reported that the two standards would be 

confusing, and FALS recommends additional outreach to stakeholders and make this Item Informational 

(Refer to agenda item OTH-07.1–Fuels and Lubricants Subcommittee). Many regulators spoke in support 

of the FALS recommendation. Spencer Quong agreed to do additional work to address the concerns that 

were raised. Austin Sheppard (County of San Diego) concurred with the previous comments regarding 

two standards and suggests picking the more stringent of the two standards 

The Committee recommended this as a Developing item and requested Spencer Quong provide an update 

to the Committee as soon as possible.

Regional Association Reporting: 

Western Weights and Measures Association

At the 2022 WWMA Kevin Schnepp (CDFA/DMS) mentioned that the two systems, ISO, and SAE, are 

not always aligned. They are meant to be aligned but when changes are made those changes may be 

adopted at different times (example of 6-month gap in 2019). He also mentioned that the reference 

standards in the ISO are specifically section (d) of 14687, and this should be referenced specifically. He 

also mentioned that there may not be a need for this item. The Committee suggests the edits below. 

2.20. Hydrogen Fuel. – Shall meet the latest version of SAE J2719, “Hydrogen Fuel Quality for 

Fuel Cell Vehicles” or ISO14687 Grade (D) “Hydrogen fuel quality – Product specification”. 

(Added 2012) (Amended 20XX) 

The WWMA L&R Committee recommends Voting status with the above revisions based on the 

comments heard.

Central Weights and Measures Association

At the 2022 CWMA Interim Meeting, Doug Rathbun (Illinois) commented he supports this item and 

believes it is ready for Voting status. Hearing no further comments during open hearings, the Committee 

concurs the item is fully developed and ready for Voting status. The Committee recommends the 

National L&R Committee consider combining this item with FLR-23.4 as a block. 

At the 2023 CWMA Annual Meeting, no comments were received, and the Committee recommends this 

as a Developing item.

Southern Weights and Measures Association

At the 2022 SWMA Annual Meeting, Matt Curran (Florida) commented that only one reference should be 

listed if equivalent. Listing both could cause confusion. 

Lisa Warfield (NIST OWM) commented that Juana Williams (NIST OWM) is working with the 

Hydrogen National Work Group and should have an update by January 2023. 

The Committee concurred with Dr. Curran that the item needs further development to determine which 

standard will be referenced and recommends it to be a Developing Item.
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48

Northeastern Weights and Measures Association 

At the 2022 NEWMA Interim Meeting, no comments were heard. The Committee does not have a 

recommendation for this item. 

At the 2023 NEWMA Annual Meeting, no comments were heard. The Committee recommended this as a 

Developing item.

FLR-23.4 V Section 4.3. Dispenser Filters

Source: Quong and Associates

Submitter’s Purpose and Justification:

Add a filter requirement for hydrogen commercials. 

Filter requirements for gasoline and diesel dispensing systems are already included in NIST Handbook 

130 and are intended to protect the vehicle from particulate contamination. The same requirement is 

necessary for gaseous hydrogen dispensing systems because the particulates can harm the vehicle valves 

and other components. In addition, a liquid filter is necessary because water, oil, or other contaminates 

can freeze inside valves or cause damage to the fuel cell stack. The National Renewable Energy 

Laboratory (NREL) captures hydrogen quality and other data from US hydrogen dispensers. The 

attached slides show that particulates and hydrogen have exceeded the current limit set in SAE J2719 and 

required in Section 2.20 of NIST Handbook 130. Adding a filter requirement, similar to other fuels, is a 

simple solution that ensures proper hydrogen fuel quality and protects the vehicle from damage. 

Some may argue that the requirement for filters is onerous and not necessary, but the submitter adds that 

filters are commonly used at most hydrogen dispensers and are required by the following hydrogen 

standards (see supporting documents on the NCWM website for exact text):

• CSA/ANSI HGV 4.1 “Standard for hydrogen-dispensing systems” 

• CSA/ANSI HGV 4.9 “Hydrogen fueling stations” 

• ISO 19880-1 “Gaseous hydrogen — Fueling stations — Part 1: General requirements”

The submitter requested that this be a Voting Item as a retroactive requirement.

NIST OWM Executive for FLR-23.4. – Section 4.3. Dispenser Filters

NIST OWM Recommendation: OWM recommends that this item be assigned either back to the 

submitter or to FALS for additional development. 

• The entire proposed new Section 4.3.3. Delivery of Hydrogen Gas should be in bold and 

underscored print and include an annotation at the end of the section to reflect the year the 

section was added to the handbook. (Added 202X). (See Item under Consideration below) 
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49

NIST OWM Executive for FLR-23.4. – Section 4.3. Dispenser Filters

• It appears that other properties should be considered in selecting a coalescing filter, such as, 

but not limited to the filter’s material compatibility, pressure ratings and type of dispenser. 

• There are various methods of suppling hydrogen depending on whether the source was natural 

gas reformation, electrolysis of water, or whether it was shipped onsite in a liquid state, which 

all seem to determine the level of contamination of various liquids. In addition to those, there is 

the possibility that the equipment used to compress the gas might also be a source of liquid 

contaminants. 

• OWM has concerns with what is size appropriate to the dispensing systems. This information 

should be clarified. The proposal specifies the selection of a “size appropriate” coalescing 

filter and does not specify any other properties or conditions for establishing the suitability of 

this type of filter in hydrogen gas dispensing systems. 

• What is the current input on the proposal from hydrogen dispenser manufacturers, hydrogen 

car manufacturers, and owner/operators of dispensers produced and installed prior to 2022?

Table 2. Summary of Recommendations

FLR-23.4. – Section 4.3. Dispenser Filters

Status Recommendation Note* Comments

Submitter Voting

OWM Developing

WWMA Voting

NEWMA Voting

SWMA Voting

CWMA Voting

NCWM Voting

*Notes Key:

1 Submitted modified language

2 Item not discussed

3 No meeting held

4 Not submitted on agenda

5 No recommendation or not considered

Item Under Consideration:

4.3. Dispenser Filters.

4.3.1. Engine Fuel Dispensers.

(a) All gasoline, gasoline-alcohol blends, gasoline-ether blends, ethanol flex fuel, and M85 

methanol dispensers shall have a 10 micron or smaller nominal pore-sized filter.
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(b) All biodiesel, biodiesel blends, diesel, and kerosene dispensers shall have a 30 micron or 

smaller nominal pore-sized filter.

(Amended 2014) 

4.3.2. Delivery of Aviation Fuel and Gasoline. 

(a) Fuel delivery of aviation turbine fuel into aircraft shall be filtered through a fuel 

filter/separator conforming to EI 1581, “Specification and Laboratory Qualification 

Procedures for Aviation Jet Fuel Filter/Water Separators.”

(b) Fuel delivery of aviation gasoline into aircraft shall be filtered through a fuel 

filter/separator conforming to EI 1581, “Specification and Laboratory Qualification 

Procedures for Aviation Jet Fuel Filter/Water Separators.”

(Amended 2018) 

4.3.3. Delivery of Hydrogen Gas 

(a) All gaseous hydrogen dispensers shall have a 5 micron or smaller nominal poresized filter, and 

(b) shall be fitted with a coalescing filter that is size appropriate to the dispensing 

systems, to protect the vehicle from liquid contamination. 

(Added 20XX) 

(Added 2008) (Amended 2014, and 2018, and 20XX) 

NIST OWM Detailed Technical Analysis:

The original proposal as written placed the proposed new hydrogen gas dispenser filter requirement under 

“engine fuel dispenser” which would not be a proper descriptor of how all hydrogen cars are powered. 

Initially OWM recommended including a new subparagraph 4.3.1.(c) in NIST HB 130 Part IV. Uniform 

Regulations F. Uniform Fuels and Automotive Lubricants Regulation 4.3. Dispenser Filters as part of 

Section 4.3.1. Engine Fuel Dispensers. Although the phrase “hydrogen engine” is used to describe the 

systems that power a hydrogen car, the HB 130 definition of the term “engine fuel,” is limited to fuels 

used to generate power in an internal combustion engine (ICE). Hydrogen fuel is intended for 

consumption in a vehicle, or an electricity production device equipped with an ICE or fuel cell. OWM 

recommended a separate new subsection 4.3.3. Delivery of Hydrogen Gas, which the Committee 

incorporated into its modifications of the original proposal. 

Has the submitter considered input on the proposal from hydrogen dispenser manufacturers, hydrogen car 

manufacturers, and the owner/operators of dispensers produced and installed prior to 2022? In addition, 

OWM has concerns with properties unique to hydrogen dispensing systems being part of the liquid filter 

selection process. This information should be clarified. 

The NIST sponsored USNWG on Developing Commercial Measurements Standards for Hydrogen Gas 

was established in 2007; however, the Work Group’s membership level has declined as a result of the 

normal progression of changes that have occurred in both the public and private sectors and there has 

been very limited recent activity to address hydrogen gas legal metrology requirements. Juana Williams 

has not had the opportunity to discuss the proposals as they appear in NCWM Publication 16 (2023) with 

FALS Chair Benchea. NIST OWM has participated in the National Hydrogen Fuel Cell Codes and 

Standards Coordinating Committee (NHFCCSCC) several of whose members have been part of the Work 
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Group and that group also represents a wide variety of stakeholders (to include the submitter) in the 

hydrogen community. Juana Williams has made this group, which works to harmonize global hydrogen 

standards, aware of the 2023 NIST HB 130 proposals and provided them updates on the latest status of all 

proposals and the Committee’s contact information should they wish to provide input to the weights and 

measures community as it prepares for July 2023 NCWM Annual Meeting. 

Juana Williams, believes it is appropriate to cite the type of filter for use in removing liquid contaminants, 

but it also appears there are other properties that should be considered in the selection of an appropriate 

coalescing filter such as the filter’s materials compatibility and pressure rating (H2 dispenser are rated at 

5000 psi and 10 000 psi) that are suitable for the hydrogen gas fuel cell vehicle application.

NIST OWM expressed concern at the 2023 NEWMA and CWMA Annual Meetings over the term “size 

appropriate” in Section 4.3.3. Delivery of Hydrogen Gas. OWM was asked by Chair Rathbun to find a 

resolution to address OWM’s concern on the Item Under Consideration.

NIST OWM understands the Committee’s desire to move this Item forward. Despite our efforts, we 

continue to have reservations and believe it is premature to provide revised language without the input 

and vetting from the submitter, FALS, and stakeholders. 

NIST OWM is recommending this item be Developing and sent back to the submitter or assigned to 

FALS for review. This is based on the following reasons:

1. It appears that other properties should be considered in selecting a coalescing filter, such as, but 

not limited to the filter’s material compatibility, pressure ratings and type of dispenser. 

2. There are various methods of suppling hydrogen depending on whether the source was natural 

gas reformation, electrolysis of water, or whether it was shipped onsite in a liquid state, which all 

seem to determine the level of contamination of various liquids. In addition to those, there is the 

possibility that the equipment used to compress the gas might also be a source of liquid 

contaminants.

Summary of Discussions and Actions:

At the 2023 NCWM Interim Meeting, FALS Chair Benchea stated that this was discussed during the 

FALS work session and they felt the dispenser filter issue was important but recommended it be refined 

and placed into a separate section (Refer to agenda item OTH-07.1–Fuels and Lubricants Subcommittee).

Matthew Curran (Florida) asked if the second filter should be specified? Spencer Quong stated that 

typically a liquid filter is coalescing but proves for flexibility but could provide an additional specificity. 

During the Committee work session, the Committee agreed to make this a tentative Voting item to allow 

Spencer Quong to submit updated language prior to March 15, 2023, for incorporation into the L&R 

Committee’s Interim Meeting Report (NCWM Pub. 16). During the Committee Reporting Meeting, 

Chair Rathbun recommended adding a statement “The dispenser shall be fitted with a coalescing filter 

appropriate to the size and flow rate of the hydrogen dispenser.” 

Regional Association Reporting: 

Western Weights and Measures Association
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At the 2022 WWMA Annual Meeting, Kevin Schnepp (CDFA/DMS) supports this item moving forward 

as voting. The WWMA L&R Committee recommends Voting status based on the comments heard with 

the following minor editorial change: 

(c) All gaseous hydrogen dispensers shall have a 5 micron or smaller nominal pore-sized filter 

and a filter to protect the vehicle from liquid contamination. 

(Amended 2014 and 20XX) 

Central Weights and Measures Association

At the 2022 CWMA Interim Meeting, Doug Rathbun (Illinois) supported this item and believes it is ready 

for Voting status. He further believes it could be blocked with Item FLR 23.3. Ivan Hankins (Iowa) 

commented that he does not know if the micron size is appropriate. Ivan Hankins further commented the 

Purpose section of this item should read: “Add a filter requirement for commercial hydrogen.” Doug 

Rathbun suggested to refer to the additional items that were submitted to clarify any questions. The 

Committee recommends the National L&R Committee consider combining this item with Item FLR-23.3. 

The Committee concurs this item is fully developed and is ready for Voting status with Ivan Hankins’ 

recommended change to the purpose statement. 

At the 2023 CWMA Annual Meeting, John McGuire (NIST OWM) stated OWM has concerns with what 

is size appropriate to the dispensing systems. This information should be clarified. Doug Rathbun, 

Illinois, supports the item and believes coalescing filters is more about the flow rate than appropriate size. 

The Committee believes the item is fully developed and ready for voting status.

Southern Weights and Measures Association

At the 2022 SWMA Annual Meeting, no comments were heard from the floor. The Committee feels this 

item is fully developed and recommends it as a Voting Item. 

Northeastern Weights and Measures Association 

At the 2022 NEWMA Interim Meeting, no comments were heard. The Committee does not have a 

recommendation for this item.

At the 2023 NEWMA Annual Meeting, John McGuire (NIST OWM) offered that Section 4.3.3.(b) 

should be bold and underscored. OWM has concerns what is size appropriate to the dispensing system. 

This information should be clarified. 

The Committee recommended this as a Voting Item.

PPV – Examination Procedure for Price Verification

PPV-23.1 W Inspection Procedures for Online Orders

Source: Kansas Department of Agriculture

Submitter’s Purpose and Justification:
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Create price verification procedures for online orders. The current procedure is inadequate to address 

pricing accuracy when shopping online. The submitter acknowledges that some may believe this is 

impractical.

Submitter requested this be assigned to a Task Group.

NIST OWM Detailed Technical Analysis:

The submitter indicated that the current Examination Procedure for Price Verification is inadequate for 

online price verification and that some may believe it is impractical. Specific details as to why this 

procedure is inadequate or impractical would enable membership and the Committee determine if the 

item has merit before determining if it should be further developed by the submitter or assigned to an 

NCWM Task Group. 

If states believe the current Examination Procedure for Price Verification is inadequate or impractical to 

use to conduct price verification inspections for online or e-commerce sales, more specific details are 

needed as to how the current procedure falls short so that a proper evaluation can be made. The title 

within NCWM Publication 15 states “Exam Procedure” the correct title should read “Examination 

Procedure for Price Verification”.

It should be recognized that an e-commerce is currently under development that will have an impact on

how online price verification procedures will be developed. 

Summary of Discussions and Actions:

At the 2023 NCWM Interim Meeting, Loren Minnich (Kansas) provided an explanation as to why this 

proposal was submitted. He stated Kansas received a consumer complaint on an online grocery order and 

they questioned how it should be investigated. He believes the current Price Verification Procedure is not 

adequate for e-commerce orders. Loren Minnich was seeking feedback from membership to developing a 

procedure. There were no volunteers, and Loren Minnich is unable to Chair a TG. Kurt Floren (Los 

Angeles County, California) opposed this idea and felt it was premature since there is no e-commerce 

regulation within the handbook. He believed the regulation should be adopted before developing a 

procedure. Lisa Warfield (NIST OWM) recommended a review of the current Price Verification 

Procedure to see if language could be added for e-commerce. She also wondered if this an area that 

PALS would like to develop. Kurt Floren stated that he objects to the random selection. He also has 

grave concerns those that have millions of items and fear shoehorning procedures. It will make online or 

one-line inspections cost restrictive and it needed to be developed and build from there.

Regional Association Reporting: 

Western Weights and Measures Association

At the 2022 WWMA Annual Meeting, Kurt Floren (Los Angeles County, California) recommended 

withdrawal of this item because it is premature. His thoughts were that e-commerce regulations, 

including several proposals in this agenda, are still being developed. We cannot develop inspection 

procedures to enforce regulations that do not yet exist. The WWMA L&R Committee recommends this 
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item as Informational; formation of a task group is premature until we have e-commerce model 

regulations in place.

Central Weights and Measures Association

At the 2022 CWMA Interim Meeting, Loren Minnich (Kansas) commented that his state received a 

complaint from a consumer who placed an online order, and they were charged a different price than was 

posted. He is asking the Committee to consider developing a procedure for online ordering. The 

Committee is recommending the National L&R Committee consider assigning this item to a work group, 

task force, or other appropriate group for further development.

Southern Weights and Measures Association

At the 2022 SWMA Annual Meeting there were no comments were received from the floor. The 

Committee believes this item has merit and recommend as an Assigned Item on the NCWM agenda.

Northeastern Weights and Measures Association 

At the 2022 NEWMA Interim Meeting, John McGuire (New Jersey) commented that this item has merit 

and should be further developed by a task group; he recommends it as a Developing item. Walt Remmert

(Pennsylvania) concurs and believes that Kansas should be invited to lead the group. John McGuire

further commented that PALS is addressing e-commerce but not price verification. Jim Cassidy

(Massachusetts) believes the proposal should go back to the submitter for further development. Jim

Willis (New York) asked if Informational status would be more appropriate. Lisa Warfield, (NIST 

Technical Advisor) commented that if the Committee believes the item has merit, it can recommend 

further action to the NCWM L&R Committee. The Committee concurs to recommend to the NCWM 

L&R Committee that it should pursue further development of the item in the manner in which is most 

productive. Therefore, the Committee recommends Developing status for this item.

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

NET-22.1 A HB133, Section 1.2.6. Deviations Caused by Moisture Loss or Gain and 

Section 2.3.8. Table 2-3 Moisture Allowances.

(Note: At the 2022 NCWM Annual Meeting, the Committee removed this item from Block 3 Cannabis. 

All background information pertaining to this Item appears below.) 

Source: NCWM Cannabis Task Group

Submitter’s Purpose and Justification:

Establish an acceptable Net Weight allowance for Cannabis, which is related to the MOS Form 15 related 

to water activity and the Packaging and Labeling Form 15 Sections 2 and 10.

Since Cannabis and Cannabis-containing products were first legalized by various states, the industry has 

undergone an unprecedented expansion. Even though these products haven’t received Federal approval at 

this time, more and more states have supported Cannabis and Cannabis- containing products for 

medicinal or adult use under their own laws. This has resulted in boutique markets developing across the 
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country with restrictive state boundaries for lack of clarity and uniformity in commercialization of these 

products.

Cannabis and Cannabis- containing products are unique in many aspects; they have a niche as medicine, 

have resulted in the development of adult use markets, and have an incredible array of different 

manufacturing and industrial applications. Some of these products contain controlled substances which 

presents a special concern for the safety and welfare of consumers if misused or mishandled. Further, 

they are subject to strict regulations by multiple government agencies. Cannabis and Cannabiscontaining products and applications range from non-food to food products for human and animal 

consumption through inhalation, ingestion, and/or topical or dermal application. They can be used as 

ingredients in other commodities, changing in most cases the product identity to Cannabis products. 

Some Cannabis is very susceptible to environmental conditions easily losing or gaining moisture with 

consequences impacting net quantity, degradation of active cannabinoids, and/or microbial proliferation 

depending on the situation. These are just some of the reasons there are many concerns and uncertainty 

surrounding the moisture allowance of Cannabis.

In the retail Cannabis trade, insufficient attention and guidance is given to moisture migration in or out of 

some Cannabis packaging and as a result, the contents of some Cannabis flower packaging have been 

found to be underweight, resulting in the patient/consumer paying for weight that they are not receiving. 

For instance, underweight complaints are the #1 consumer complaint in Oregon. See attached table for 

data from multiple stores of four brands and the incidence of underweight contents. Preview: If you 

were shopping any one of 3 stores of a popular brand, you’d have a 71 % chance of buying a supposedly 

1.75 g package that is 21.6 % underweight, meaning you have a 71 % chance of being ripped off by $5 

(assuming a $10/g price). The lowest incidence of underweight? 54 %. The lowest percent 

underweight? 2.75 %.

For the fairness and safety of Cannabis consumers, a 3 % ± weight variance based on enforcement of 

acceptable moisture range needs to be established. A 3 % allowance aligns with other known 

commodities and with California regulations that outline ± 3 %.

Why 3 %? Consistent with other items in NIST handbook, aligns with California. If the boundaries are 

too wide, it exposes the program to diversion.

Is underweight really an issue? I filed Public Records requests with every state that allows Cannabis 

flower commerce. Each of them told me they keep no official records on underweight complaints. 

However, Oregon went on record telling me underweight is one of their largest complaints (attached). As 

for one other state, see attached data from Colorado that recorded 69 separate container purchases from 

18 separate stores within four brands.

The submitter asked that this be a Voting Item in 2022.

NIST OWM Executive for NET-22.1 – HB133, 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 recognizes the importance of this work and the progress the 

TG has made thus far. However, there are some significant issues that need to be addressed before this 

item is ready for adoption. OWM recommends the item remain Assigned to the Cannabis Task Group.

• 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 
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NIST OWM Executive for NET-22.1 – HB133, Section 1.2.6. Deviations Caused by Moisture Loss 

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

Requests for Recognition of Moisture Loss in Other Packaged Products” to establish the 

moisture allowances (loss and gain). 

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

verification of results.

• 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. In 1988, NCWM Task Force developed the 

Guidelines for NCWM Resolution of Requests for the Recognition of Moisture Loss in Other 

Packaged Foods in NIST Handbook 130 NCWM Policy, Interpretations and Guidelines 

Section 2.5.6. we encourage the Cannabis Moisture Allowance TG to follow this guidance.

• 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). 

• 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). 

• 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. 

• OWM recommends that the state directors be surveyed (see OWM general comments on Block 

3) 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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Table 2. Summary of Recommendations

NET-22.1 – HB133, Section 1.2.6. Deviations Caused by Moisture Loss or Gain and Section 2.3.8. 

Table 2-3 Moisture Allowances

Status Recommendation Note* Comments

Submitter Voting

OWM Assigned

WWMA Assigned

NEWMA Assigned

SWMA Assigned

CWMA Assigned

NCWM Assigned

*Notes Key:

1 Submitted modified language

2 Item not discussed

3 No meeting held

4 Not submitted on agenda

5 No recommendation or not considered

Item Under Consideration:

1.2.6. Deviations Caused by Moisture Loss or Gain

Deviations from the net quantity of contents caused by the loss or gain of moisture from the package are 

permitted when they are caused by ordinary and customary exposure to conditions that normally 

occur in good distribution practice and that unavoidably result in change of weight or measure. 

According to regulations adopted by the U.S. Environmental Protection Agency, no moisture loss is 

recognized on pesticides. (See Code of Federal Regulations 40 CFR 156.10.)

1.2.6.1. Applying a Moisture Allowance

Some packaged products may lose or gain moisture and, therefore, lose or gain weight or volume 

after packaging. The amount of moisture loss depends upon the nature of the product, the 

packaging material, the length of time it is in distribution, environmental conditions, and other 

factors. Moisture loss may occur even when manufacturers follow good distribution practices. 

Loss of weight “due to exposure” may include solvent evaporation, not just loss of water. For loss 

or gain of moisture, the moisture allowances may be applied before or after the package errors are 

determined. 

To apply an allowance before determining package errors, adjust the Nominal Gross Weight (see 

Section 2.3.6. “Determine Nominal Gross Weight and Package Errors”), so the package errors are 

increased by an amount equal to the moisture allowance. This approach is used to account for 

moisture loss in both the average and individual package errors.

It is also permissible to apply the moisture allowances after individual package errors and average 

errors are determined.
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Example: 

A sample of a product that could be subject to moisture loss might fail because the average 

error is minus or the error in several of the sample packages are found to be unreasonable 

errors (i.e., the package error is greater than the Maximum Allowable Variation (MAV) 

permitted for the package’s labeled quantity).

You may apply a moisture allowance after determining the package errors by adding the allowance 

to the Sample Error Limit (SEL) and then, comparing the average error to the SEL to determine 

compliance. The moisture allowance must be added to the MAV before evaluating sample errors 

to identify unreasonable minus errors.

(Amended 2010) 

This handbook provides “moisture allowances” for some meat and poultry products, flour, pasta, 

Cannabis (this only includes plant material but does not include products containing 

Cannabis) and dry pet food. (See Chapter 2, Table 2-3. “Moisture Allowances”) These 

allowances are based on the premise that when the average net weight of a sample is found to be 

less than the labeled weight, but not by an amount that exceeds the allowable limit, either the lot is

declared to be within the moisture allowance or more information must be collected before 

deciding lot compliance or noncompliance. 

Test procedures for flour, some meat, and poultry are based on the concept of a “moisture 

allowance” also known as a “gray area” or “no decision” area (see Section 2.3.8. “Moisture 

Allowances”). When the average net weight of a sample is found to be less than the labeled 

weight, but not more than the boundary of the “gray area,” the lot is said to be in the “gray” or 

“no decision” area. The gray area is not a tolerance. More information must be collected before 

lot compliance or noncompliance can be decided. Appropriate enforcement should be taken on 

packages found short weight and outside of the “moisture allowance” or “gray area.”

(Amended 2002) 

Table 2-3. Moisture Allowances

Verifying the labeled 

net weight of packages 

of:

Moisture 

Allowance is: Notes

Flour 3 %

Dry pet food 3 %

Dry pet food means all extruded dog and cat foods and baked treats 

packaged in Kraft paper bags and/or cardboard boxes with a 

moisture content of 13 % or less at time of pack.

Pasta products 3 %

Pasta products means all macaroni, noodle, and like products 

packaged in kraft paper bags, paperboard cartons, and/or flexible 

plastic bags with a moisture content of 13 % or less at the time of 

pack.

Borax see Section 2.4.

Borax

Cannabis 3 %

Cannabis means plant material only, and not products 

containing Cannabis, whether containing more than 0.3 % 

Total Delta-9 THC (also known as cannabis, Marijuana, or 

Marihuana) or containing 0.3 % or less Total Delta-9 THC 

(also known as Hemp).
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Verifying the labeled 

net weight of packages 

of:

Moisture 

Allowance is: Notes

Wet Tare Only1

Fresh poultry 3 % Fresh poultry is defined as poultry above a temperature of – 3 °C 

(26 °F) that yields or gives when pushed with the thumb.

Franks or hot dogs 2.5 %

Bacon, fresh sausage, 

and luncheon meats 0 %

For packages of bacon, fresh sausage, and luncheon meats, there 

is no moisture allowance if there is no free-flowing liquid or 

absorbent material in contact with the product and the package is

cleaned of clinging material. Luncheon meats are any cooked 

sausage product, loaves, jellied products, cured products, and any 

sliced sandwich-style meat. This does not include whole hams, 

briskets, roasts, turkeys, or chickens requiring further preparation 

to be made into ready-to-eat sliced product. When there is no 

free-flowing liquid inside the package and there are no absorbent 

materials in contact with the product, Wet Tare and Used Dried 

Tare are equivalent.

1

Wet tare procedures must not be used to verify the labeled net weight of packages of meat and poultry packed at an 

official United States Department of Agriculture (USDA) facility and bearing a USDA seal of inspection. The Food 

Safety and Inspection Service (FSIS) adopted specific sections of the 2005 4th edition of NIST Handbook 133 by 

reference in 2008 but not the “Wet Tare” method for determining net weight compliance. FSIS considers the freeflowing liquids in packages of meat and poultry products, including single-ingredient, raw poultry products, to be

integral components of these products (see Federal Register, September 9, 2008 [Volume 73, Number 175] [Final 

Rule – pages 52189-52193]).

NIST OWM Detailed Technical Analysis:

The weights and measures laws do not grant the director the authority to establish the moisture content 

limits for foods, drugs, or cosmetics. OWM recommends that Committee clearly state that weights and 

measures inspections conducted under this proposed regulation will be limited to only cannabis (the plant)

and that there is no intent to expand to products containing cannabis. This statement of intent early in the 

consideration process may be helpful to future readers of the historical record. 

For the reasons provided OWM does support the development of this proposal. OWM has provided 

similar guidance in the past for other products based on information from FDA. 

Since the 1980’s, OWM has worked with NCWM on moisture loss studies beginning with the creation of 

the NCWM Task Force on Commodity Requirements. The NCWM Task Force developed the Guidelines 

for NCWM Resolution of Requests for the Recognition of Moisture Loss in Other Packaged Foods (see 

NIST Handbook, NCWM Policy, Interpretations and Guidelines Section 2.5.6. in VI at 00-20-h130-vifinal-4.pdf) which the NCWM adopted in 1988. Since its adoption, industry who contacts OWM for 

advice on how moisture allowance is developed is advised to follow the NCWM guidance. In addition, 

NCWM recognized considerations proposed by industry on moisture allowance. The rice industry and 

bar soap manufacturers approached OWM for information and were provided this advice. The pet food 

industry and pasta industries have both followed the NCWM guidance for moisture loss recognition and 

have been successful with proposal for moisture allowances being adopted by NCWM. In the interest of 

due process, interest of its own guidelines, and the precedents it has followed for more than 33 years, 

OWM recommends the Committee advise the cannabis industry to apply the same NCWM guidance. 

They would need to conduct a nationwide scientifically valid study that reflects regional environment and 
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seasonal changes in humidity. Any studies should also consider the different types of packaging into 

consideration.

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

Supporting data based on nationwide scientifically valid moisture loss and moisture gain studies for

packaged cannabis was not submitted with this proposal. Test procedures or limits on moisture loss or 

gain which are not based on scientifically established data, that occur during current good distribution 

practices, must be avoided as they likely violated due process (among other cases see especially Cook 

Family Foods, Ltd. v. Voss, 781 F. Supp. 1458 (C.D. Cal. 1991)). OWM is concerned that adding the 

proposed moisture allowances to NIST Handbook 133 without valid studies will make it difficult for the 

states to reduce or remove them in the future, if data from field testing or later research, indicates that 

they were either too large or too small. 

This proposal involves limits on moisture loss and moisture gain, and it is likely that two studies will be 

required. In the past, NCWM focused on moisture loss but with this is an area where limits on moisture 

gain will be established therefore different test conditions will need to be considered and test protocols 

developed. Typically, desiccating products regain moisture at a slower rate than they lose moisture, but 

that rate depends on several variables. A moisture gain study may take longer and be carried out in 

controlled environmental conditions. Regardless both studies must encompass the typical shelf life of the 

packaged product. If the studies are not done in a way that is scientifically valid, which represents real 

world conditions, and reflects the typical packaging and shelf-life of products, they will NOT protect 

consumers or packers. They will also not ensure inventory or taxes are accurately maintained. In fact, if 

the proposed limits are too small or too large, they could impose unjustifiably higher costs on packers and 

those costs will be passed onto consumers. 

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. 

Enforcement of net weight regulations where a moisture allowance is in question, requires the inspector to 

obtain additional information on the sample and may involve seizing samples for testing and contacting 

the packer to obtain production records for review. This is in part as to why they are sometimes treated as 

tolerances which can facilitate fraudulent packaging practices. If an unscrupulous packer underfills 

packages 1 % when there is an overly generous 3 % moisture allowance that results in the packer’s filling 

practice not being verified. Typically, officials will invest the time and effort into moisture loss (and here 

gain) investigations when they receive consumer or competitor complaints. Even more frequently when a 

reseller believes that a supplier has repeatably shipped them underweight packages. Complaints from 

business owners will also arise when a particular shipment of expensive products and the complainant 

suspects, unreasonably underweight packages. Inspectors also pursue these types of investigations if they 

suspect, based on past testing, that a packer has repeatably delivered underweight packages that fall 

within a specified moisture allowance. 

As noted above, it is important to stress that plus and minus values for moisture allowance are not 

tolerance limits. Under this moisture allowance approach inspectors will not be able to take enforcement 

actions as they currently do when using NIST Handbook 133. 

Since the 1970s, weights and measures has treated overweight and overfilled packages as being 

acceptable because overpacking is limited by the packer for economic reasons. Inspectors do not take 
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action on samples when the average error is positive (or when a minus error falls with the Sample Error 

Limit). Under this proposal inspectors will not be permitted to approve lots with positive average errors 

that fall within the 3 percent limit (for a 2 g package this 3 percent value = + 60 mg). Inspectors will not 

remove products from sale for being underweight within the 3 percent limit (− 60 mg) (unless the value is 

treated as a tolerance), until they take additional steps to find out more about the moisture content of the 

cannabis by consulting the packer to obtain production records, date of pack and inspection. They will 

also determine if the packer is following current good manufacturing and distribution practices and then 

makes a determination that the overfilling or underfilling was reasonable or not. During this stage of the 

process the packaged goods are placed under a stop-sale-hold order and cannot be removed from the point 

of inspection until released. 

OWM recommends that the state directors be surveyed (see OWM general comments on Block 3) 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. 

The importance of limiting moisture gain could be well documented and presented as meriting 

enforcement action but any arguments would need to be persuasive. Taking enforcement action does 

occur when overpacking is used as an unfair trade practice (states have taken action against an ice packer 

who put 10 lb of ice in a bag and then labeled it 8 lb, and then advertises that the 8 lb bag lasts as long as 

a competitor 10 lb bag. 

This proposal raises another question for the Committee is when there are no Maximum Allowable 

Variations (MAV) for plus package errors. OWM recommends that the Committee study the idea of 

changing this approach and have the MAV values apply to both positive and negative package errors 

when packaged cannabis is being tested. 

OWM encourages the Committee to consider conducting a broad long-term study in cooperation with the 

cannabis industry to determine if the 10 percent MAV packages under 36 g is an appropriate for 

application to cannabis packages. 

Cannabis is packaged on modern high precision weighing instruments and variations in packaging fill that 

occur in current good manufacturing practice are likely to be much less than they were when the 10 

percent. MAV’s for packages under 36 g was established in the early 1970s and at that time the data used 

was collected at both the point of pack and retail stores and included data for both small packages of 

foods and other consumer products. (Note: for a 2 g package of cannabis the MAV is 200 mg)

A reference to an acceptable moisture test procedure must be developed included in this proposal. The 

moisture loss approach in NIST Handbook 133 anticipates that samples may need to be taken and tested if 

there is a significant enforcement action contemplated. If an inspector repeatably finds minus package 

errors within the 3 percent limits (for a 2 g package of cannabis this is ± 60 mg) the inspector will collect 

a sample and compare the moisture content as found along with the moisture content at time of pack 

information provided by the packer. If there is a dispute the inspector can share a sample with the packer 

for testing and the two values can be intercompared to ensure the labs are in agreement. This may occur 

in a situation where the product is consistently found to be underweight, between one to three percent, on 

lots that were just delivered from the packer or where the inspector suspects someone is packing 

shortweight and claiming it is moisture loss. Procedures need to be known in advance, so the state 

metrology laboratory has the necessary test equipment and trained personnel available to perform the test 

promptly. 
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In addition, adding a recognized moisture test procedure a detailed set of instructions for selecting and 

handling the moisture samples will need to be provided. If an inspector seizes samples for testing, they 

will need to follow good sampling procedures and handling practices to ensure the samples are protected 

and stored properly prior to and after testing. If there are legal or other restrictions that apply to the 

seizure, handling, storage, or transportation of cannabis samples then these can be included in the 

instructions to assist the inspector.

In developing the final proposal, the following questions need to be resolved.

• Will proactive compliance testing be done, audit testing or will this be done on complaint only 

basis? 

• Consideration also needs to be given to how sampling will occur, how the lot is determined and 

whether a sample or the entire lot will fail. 

• Educating the Weights and Measures community on moisture allowance and water activity.

• What are weights and measures protecting consumers and businesses from? 

Summary of Discussions and Actions:

At the 2022 NCWM Interim Meeting, Dr. Lippa (NIST OWM) responded to general comments and 

answered questions that were posed to OWM as to what OWM can do with language within the NIST 

Handbooks. Dr. Lippa stated that OWM is in discussion with NIST Office of Chief Counsel regarding 

the cannabis agenda items at NCWM. 

There are a few things for NIST related work: development to standards materials, high and low THC, 

and standards. There needs to be a distinction of the THC level that is regulated by the Farm Bill and the 

Controlled Substance Act (CSA). 

According to the CSA, high THC marijuana is an illegal drug and NIST cannot support guidance, 

training, and standards Recognizing this issue, NIST will be able to publish Handbook 130 with this item, 

but they will have to provide a disclaimer citing the CSA. OWM is in communication with NIST legal 

counsel on this matter and will continue to work and advice with NIST legal. 

The Committee requested the Cannabis TG submit information and data supporting their proposed 

moisture loss allowance, but it was not received. The Committee did not believe this item was ready for a 

Voting status and removed it from Block 3. This is assigned back to the NCWM Cannabis TG for 

additional development and to conduct a study relative to moisture loss allowance for Cannabis. They 

should establish data supporting the moisture loss allowance that the TG recommended. The Committee 

heard concerns that should the current moisture loss allowance be accepted without a study, the NCWM 

would be setting a precedence for future moisture loss allowance requests. The Committee considered 

comments urging the Committee to move forward with the ± 3 % moisture loss allowance but believes it 

would be imprudent to accept a moisture loss allowance without supporting data. 

The 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). 
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At the NCWM 2022 Annual Meeting, the Committee heard from the Cannabis TG Co-Chair Rutherford

that work on studying moisture loss had begun with the State of Michigan, a packaging company, and a 

Cannabis provider to study moisture loss. David Sefcik shared the NIST OWM Executive comments.

At the 2023 NCWM Interim Meeting, Craig Van Buren (Michigan) supported this moving forward as a 

Voting item. but noted they are having issues obtaining chambers and the product to produce key data for 

submittal to the TG. He said they do hope to have the data by the 2023 CWMA Meeting. David Sefcik

read from the NIST OWM Executive and remarked that the courts would consider this arbitrary. He also 

encouraged states to participate in the Cannabis Moisture Loss study. He recommended that a national 

environmental or any type of study should consider different types of packaging. This proposal needs to 

be for moisture loss and gain and real-world data is needed, not just laboratory data. Data should not be 

collective of one to two industries. This includes a requirement of a moisture gain of up to 3 % and 

HB133 does not address moisture gain. In addition, a modification to NIST HB133 is needed to include 

procedures to assist inspectors. Negative average errors, not a positive error and inspectors need 

guidance.

Cannabis TG Co-Chair Wolpert (Arizona) commented to David Sefcik that part of the study is a 

simulated environment. We can simulate to condense down and this is what is occurring. There is a 

broad range of packaging options. This is a young industry and everyone is doing their own thing and 

best practice is not developed. Need to limit our variables (simulated study). Industry has raised hemp 

water activity to bring NCWM along with everyone else including industry for hemp standards. 

The Committee kept this Item assigned to the NCWM Cannabis Task Group and encourages the 

completion of the study to determine the moisture allowance. 

Regional Association Reporting: 

Western Weights and Measures Association

At the 2021 WWMA Annual Meeting, Ms. Hahn expressed concern with percentages of THC were of a 

more qualitative nature and not necessarily within the purview of weights and measures. Kurt Floren

(Los Angeles County, California) addressed the comments and concerns on quality issues as a general 

matter is not our purview in weights and measures. He mentioned how quality issues are a purview of 

weights and measures in matters of fuel with octane levels and viscosity of oils that must meet standards. 

He mentioned that this would be similar in Cannabis, in that THC levels are a part of the identity of the 

product, and that it is an important component in determining the value and allowing for value 

comparison. Kurt Floren stated that States are in different stages of regulation, and there is going to be a 

need for uniform standards. Joe Moreo (Trinity County, California) provided testimony that different 

species including Cannabis indica and Cannabis ruderalis should also be provided in the definition. Lisa

Warfield (NIST OWM) provided testimony that was based on the OWM Analysis that was submitted as 

the supporting documentation.

The WWMA Committee recommends that this item be further developed. The Committee recommends 

reviewing the OWM analysis supporting documentation and addressing the concerns with testing 

procedure, testing equipment, and the need for technical studies regarding moisture loss and gain.

At the 2022 WWMA Annual Meeting, the L&R Committee did not solicit comments on this item, and 

recommends this item continues as Assigned to the NCWM Cannabis TG.

Central Weights and Measures Association
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At the 2021 CWMA Interim Meeting, there was no discussion related to this item. Ivan Hankins (Iowa) 

supports the item moving forward with Voting status and suggests the development of a handbook for 

states who regulate cannabis. Based on comments during open hearings, supporting documents and 

discussions, the Committee believes this item is fully developed and ready for Voting status.

At the 2022 CWMA Annual Meeting, Lisa Warfield recommended this as a Developing Item or Assigned 

to the Cannabis Task Group to obtain additional information that OWM has recommended in their 

analysis. 

At the 2022 CWMA Interim Meeting, Craig VanBuren commented that his state is collecting data and is 

hopeful it will be ready for review by the 2023 NCWM Interim meeting, but certainly by the 2023 Annual 

Meeting. He believes it is ready for Voting status pending results of the data. Charlie Rutherford

commented he appreciates the nearly unanimous support for this item from the CWMA. Doug Musick 

and Loren Minnich (Kansas) supported the item and believed it is ready for Voting status. Ivan Hankins 

(Iowa) concurred. Based on comments from open hearings, the Committee believes the item is fully 

developed and ready for Voting status. The Committee is aware once the data is collected, changes may 

occur to the original item, or the item may be deescalated if necessary.

At the 2023 CWMA Annual Meeting, no comments were received and the Committee recommends this 

as an Assigned item.

Southern Weights and Measures Association

At the 2021 SWMA Annual Meeting, the Committee believed this Item is fully developed and 

recommended it to go to the NCWM L&R Committee with a Voting status. The Committee 

recommended the Cannabis TG take into consideration recommendations from the OWM Analysis, i.e., 

the survey to State Directors, this could help identify the need for development of items in other sections 

of the Handbooks, i.e., Powers and Duties of the Director.

At the 2022 SWMA Annual Meeting, Charlie Rutherford provided a quick update that a cannabis 

company is willing to give flower for free and Michigan will begin the testing soon and anticipates an 

update to report at the NCWM 2023 Annual Meeting.

The Committee recommended this item to remain Assigned. 

Northeastern Weights and Measures Association 

At the 2021 NEWMA Interim Meeting, David Sefcik commented that this item seeks to set a moisture 

allowance (loss or gain) and to his knowledge no work has been done or data provided to determine 

support the proposed plus or minus allowance. It appears to be arbitrary. Mike Sikula concurs with 

David Sefcik and questioned if water activity and moisture content are the same thing? Dr. Curran 

commented that water activity is free water available in the product. Moisture content measures the 

content of water in the product. Cheryl Ayer asked if it is necessary for the lower-case cannabis to be 

used in parenthesis. Matt Curran suggested it was a way to clarify terms. Charlie Rutherford commented 

that the TG believes the item is developed “enough” to be granted Voting status to have something in 

place to combat consumer fraud. Lisa Warfield recommended removal of the allowance in Table 2.3 and 

that it be placed in its own table and who would be responsible for training. The Committee recommends 

that NET 22.1 only be given Assigned. The Committee recommends that the TG review the OWM 

analysis for this item and address the need for technical studies (data) for moisture loss and gain.
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At the 2022 NEWMA Annual Meeting, John McGuire noted that the NCWM Cannabis TG, NCWM 

L&R Committee, and the NEWMA L&R Committee recommends removing this block and making them 

individual items to ensure each item is fully considered. 

James Cassidy noted the TG continues to work on dealing with moisture content and moisture in the case 

of cannabis is the opposite of what weight and measures is familiar with (moisture loss vs. moisture 

content). He related an analogy as to how a humidor operates to protect cigars, so cannabis needs to have 

a certain moisture content to be a viable product and needs to be tested that way. James Cassidy 

questioned NIST’s role in publishing these items. Tina Butcher responded, “once the NCWM votes and 

passes specific language, it is NIST’s intent to publish the content, subject to legal review, reflecting that 

NIST does not have a policy role as to marijuana’s status as a Schedule 1 controlled substance.” 

NEWMA L&R Committee recommends this item continues to be an Assigned Item. 

At the 2022 NEWMA Interim Meeting, Charlie Rutherford reported that Craig VanBuren is waiting on 

some implementation details to be clarified before work can begin in his lab. The Committee 

recommends this remain as an Assigned Item.

At the 2023 NEWMA Annual Meeting, Cannabis Co-Chair Rutherford noted Craig Van Buren is in the 

process of conducting a studying at Michigan’s lab that will provide insight to the task group on moisture 

deviation above and below proposed thresholds. The results will be presented at the NCWM annual 

meeting in July.

The Committee recommends this remain as an Assigned Item.

NET-22.2 W Section 3.1.1 Test Methods and 3.X. Gravimetric Test Procedure for 

Viscous and Non-Viscous Liquids by Portable Digital Density Meter.

Source: Ronald Hayes (retired)

Submitter’s Purpose and Justification:

Allow the use of digital density meters for package checking testing of viscous and non-viscous liquids. 

Current test procedures are slow and awkward due to the need of using borosilicate glassware for package 

checking. Digital density meters are fast, use small samples size (2 ml) and have built in thermometers.

• Fast and accurate.

• Using digital density meters equipped with built-in API density tables will not require the cooling 

samples to 60 °F.

• No need to “wet down” volumetric flasks before each measurement.

• Most non-food products may be recovered without contamination.

• Only small sample size (2 ml) of the product is needed for testing.

• No need for partial immersion thermometer or volumetric flasks.
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• The current method in “Section 3.4 Volumetric Test Procedures for Viscous Fluids – Headspace” 

does not work for oblong plastic bottles often used for motor oil. Eliminates the entrapment of air 

in testing viscous fluids (i.e., motor oil, DEF, antifreeze, syrups, etc.). 

• A NIST intern had done an investigation on the use portable density meters and NIST published a 

report in 2006 based only on that intern’s study. The study is incomplete as the report references 

data in the appendix which does not exist. Therefore, the information is questionable and not in 

step with available technology. 

The submitter requested that this be a Voting Item in 2022. 

Item Under Consideration:

Amend NIST Handbook 133, Checking the Net Contents of Packaged Goods, to modify Note 2 in 

Section 3.1.1. Test Methods and Section 3.X. Gravimetric Test Procedure for Viscous and Non-Viscous 

Liquids by Portable Digital Density Meter. Add a compliance test procedure for 3.X. Gravimetric Test 

Procedure for Viscous and Non-Viscous Liquids by Portable Density Meter as follows:

3.1. Scope

3.1.1. Test Methods

Notes:

... 

(2) When checking liquid products using a volumetric or gravimetric procedure for density 

determination, the temperature of the samples must be maintained at the reference 

temperature ± 2 °C (± 5 °F), except when using Section 3.X. Gravimetric Test Procedure 

for Viscous and Non-Viscous Liquids by Portable Digital Density Meter, where a 

correction factor is used to correct the density to the reference temperature. 

3.X. Gravimetric Test Procedure for Viscous and Non-Viscous Liquids by Portable Digital Density 

Meter 

Use the following procedure for packages labeled in fluid volume. 

Most portable digital density meters are suitable for measuring the density of homogenous liquids 

free of suspended gas, air, sediment, and suspended matter. Portable digital density meters should 

not be used for products such as orange juice with pulp, buttermilk, liquids requiring “shake before 

use”, paint, carbonated products such as soda and beer, or substances not approved by the digital 

density meter manufacturer. 

The suitability of a given meter for use with specific product types is determined based upon the 

specifications of the manufacturer, the intended application, and verification by a recognized 

laboratory. 

A portable digital density meter must meet the following criteria unless otherwise noted:

• Influence of viscosity on density result is automatically corrected for highly viscous samples. 
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• RFID function for reading RFID tags for a quicker assignment of methods and for 

expanding the number of methods available to the inspector. 

• Built-in data storage for storing test results.

• Printing capabilities to print test results is desirable but not required. 

• Resolution of four decimal places with an accuracy to 0.001 g/cm3. Instrument has a 

measurement mode setting set to the most “accurate” mode (e.g., precise mode) as defined 

by the manufacturer.

NOTE: Typically, portable digital density meters manufactured after 2??? meet this criteria, but 

user of the instruments should verify with the manufacturer. 

The portable digital density meter shall be verified and approved in accordance with the 

manufacturers and other recognized calibration procedures before being put into service. The 

portable digital density meter must only be used in a manner for which it was designed and 

calibrated. This device must be routinely recertified according to your agency’s measurement 

assurance policies. Refer to NIST HB 130 Section 11 (h) of Weights and Measures Law and NIST 

HB 133 Chapter 1, Section 1.7. Good Measurement Practices for additional guidance. 

Verify the accuracy (calibration) of the portable digital density meters before each initial daily use, 

before each use at new location, or when there is any indication of abnormal equipment 

performance (e.g., erratic indications). Recheck the portable digital density meter accuracy 

(calibration) if it is found that the sample does not pass, to confirm that the test equipment is not at 

fault”. 

Users must consult with the manufacturers to ensure the brand and model automatically correct 

for viscosity for viscosities greater than 100 mPa·s. Viscosities less than 100 mPa·s do not require a 

viscosity correction. 

This test procedure may be used as an alternative test procedure for the following Sections:

 Section 3.2. Gravimetric Test Procedure for Non-Viscous Liquids.

 Section 3.3. Volumetric Test Procedure for Non-Viscous Liquids. 

 Section 3.4. Volumetric Test Procedures for Viscous Fluids – Headspace.

Note: Portable Digital Density Meters can also be used as a timesaver for screening products for 

product quality and product identification.

3.X.1. Test Equipment

• A scale that meets the requirements in Chapter 2, Section 2.2. “Measurement Standards 

and Test Equipment.” 

• Note: To verify that the scale has adequate resolution for use, it is first necessary to 

determine the density of the liquid; next verify that the scale division is no larger than 

MAV/6 for the package size under test. The smallest graduation on the scale must not 

exceed the weight value for MAV/6.
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Example: 

Assume the inspector is using a scale with 1 g (0.002 lb) increments to test packages 

labeled 1 L (33.8 fl oz) that have an MAV of 29 mL (1 fl oz). Also, assume the 

inspector finds that the weight of 1 L of the liquid is 943 g (2.078 lb). 

Density: 1 L = 943 g (2.078 lb) 

MAV: 29 mL (1 fl oz) 

 Convert the Density into mL and Fl oz: 

943 g ÷ 1000 mL= 0.943 g/mL (digital density meter measurement can be 

used for this step i.e., 0.943 g/cm3) 

(2.07 8 lb ÷ 33.8 Fl oz = 0.061 4 lb/fl oz) 

 Convert MAV from Volume (mL/fl oz) to Weight: 

29 mL × 0.943 g/mL = 27.347 g 

(1 Fl oz × 0.061 4 lb/fl oz = 0.064 lb) 

MAV in Weight/6: 27.347 g ÷ 6 = 4.557 g 0.064 lb ÷ 6 = 0.010 lb 

In this example, the 1 g (0.002 lb) scale division is smaller than the MAV/6 

value of 4.557 g (0.010 lb) so the scale is suitable for making a density 

determination.

• Low pressure air pump (small) – (e.g., an aquarium air pump) 

• Syringe (glass or plastic with a Luer fitting 5 mL or larger). The syringe should be free 

of any lubricating substances)

• Distilled or deionized water

• Cleaning agents (See Table 2.4. Cleaning Agents) 

• Waste container 

• Barometer for obtaining the prevailing barometric pressure, with an accuracy of 

± 3.0 mmHg 

• Thermometer for measuring air temperature with a tolerance of ± 1 °C (2 °F)

• Portable digital density meter meeting a minimum requirement of:

Measuring Range

Density 0 – 3 g/cm3 

Temperature 0 – 40 °C (32 – 104 °F)a
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Viscosity 0 – 1000 mPa·s

Accuracyb 

 Density 0.001 g/cm3

 Temperature 0.2 °C (0.4 °F)

Repeatability s.d.

 Density 0.0005 g/cm3 

 Temperature 0.1 °C (0.1 °F)

Resolution

 Density 0.0001 g/cm3

 Temperature 0.1 °C (0.1 °F)

Sample Volume 2 mL

Sample Temperature max. 100 °C (212 °F)

Footnotes

a. Filling at higher temperatures possible. b. Viscosity < 100 mPa·s, density < g/cm3 

3.X.2. Test Procedure 

1. Follow Section 2.3.1. “Define the Inspection Lot.” Use a “Category A” sampling plan in 

the inspection. Select a random sample

2. Bring the packages and their contents to a temperature, between the reference and 

ambient temperatures

Note: Some packages (e.g., flavored milk) may need to be gently rolled to mix the 

contents. Avoid shaking liquids, since shaking some products to mix them will entrap 

air that will affect density measurements.

3. The portable digital density meter must be near ambient temperature and above the 

dew point of the ambient air to avoid causing condensation within the unit. 

Condensation must be avoided and could cause the digital density meter to malfunction 

and cause potential damage. 

4. Using distilled or deionized water or other reference standard(s), validate the digital 

density meter per the manufacturer’s calibration instructions. The portable digital 

density meter shall be validated to verify the accuracy (calibration) of the portable 

density meter before each initial daily use, before each use at new location, or when 

there is any indication of abnormal equipment performance (e.g., erratic indications). 

Recheck the portable density meter accuracy (calibration) if it is found that the sample 

does not pass, to confirm that the test equipment is not at fault. The digital density 

meter shall be calibrated using a standard sample, within an allowable density range of 

± 0.0005 g/cm3. 
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5. Select the first two random sample packages selected from the lot for density 

determination. 

6. Ensure the portable digital density meter is clean prior to testing. Any residual liquid 

should be drained, and the unit should be flushed with a small amount of the sample to 

be tested. Flush and discard the sample two times before taking a measurement. 

7. To test the first package of the sample, follow the manufacturer’s instructions to select 

the correct method, when using a meter with built in correction factors, and measure 

the density of the sample using a syringe or the built-in pump. Fill the specimen of the 

sample slowly and gently. If gas or air bubbles are present drain sample and refill. If 

the correction factor is not known, refer to Step 9.

Note: Instruments have built in stored correction factors for many products or see Table 

X.2. Density Coefficient Factor (Alpha) 

Note: Use of a syringe may be desirable to allow sample specimen to achieve ambient 

temperature prior to introduction of specimen into testing cell and for viscous specimens.

8. Once the temperature reading on the portable digital density meter has stabilized 

(maintained reading ± 0.2 °C (± 0.5 °F) for 10 seconds), record density and temperature 

as indicated on instrument. Instruments have a measurement mode setting that shall be 

set in the most “accurate” mode (e.g., precise mode) as defined by the manufacturer. 

9. Apply the density coefficient of expansion (Alpha) also known as the density correction 

factor, to correct to the reference temperature. See Table X.2. Density Coefficient 

Factor (Alpha). If the Alpha correction is not known, then the factor can be calculated 

using the below formula.

After this correction, this value is the density of the substance in the vacuum at the 

prescribed reference temperature. Calculating the Temperature Coefficient Alpha as 

used in Anton Paar instruments. See other instrument manuals for their alpha values 

and method of calculating alpha values for their specific instruments.

Temperature coefficient Alpha =�

ρρ11−ρρ2

TT11−TT2�

ρ1 .... density at temperature T1

ρ2 .... density at temperature T2

T1 .... temperature at initial measurement

T2 .... temperature at second measurement

Notes:

 If the density correction factor is not known but the volume correction factor is 

known, the density correction factor can be calculated from the volume 

correction (VCF) factor using the following formula. 

 Density Temperature Factor Alpha = Absolute Value of VCF × Density.
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Note: Influence of viscosity on density result will be automatically corrected by the 

portable digital density meter for highly viscous samples. 

10. Apply the apparent density correction by applying one of the following steps:

(a) multiplying the density by 0.999; or 

(b) multiplying the density by the Apparent Mass Factor from Table X.4.; or 

(c) calculate apparent density by using the following: 

Converting True Density into Apparent Density

The apparent density is defined as: 

Paap = PPPPPPPPPP,ssssssssss −PP PPPP

11− PP

88.00 gg/cc 33

Where:

Paap = apparent density of the sample 

Psteel = 8.0 g/cm3 

Pair = true density of air 

Ptrue,sample = true density of the sample

The apparent density is smaller than the true density and can be calculated from 

the true density considering the buoyancy of the sample in air and the weight 

and density of a reference weight in steel. 

*Pair = true density of air as calculated from equation in Table X.1. Density 

Measurement.

After application of this factor or calculation, the new value is density of the 

substance in air. 

11. Drain the instrument and repeat Steps 7–10 on a second specimen of the same package 

for verification of first measurement.

12. Note: It is not necessary to fully clean the cell between measurements for the second 

specimen of the same sample. Simply flush the cell using the same sample at least two 

times before taking your second measurement. Compare the two specimen readings,

they must agree within 0.0003 g/cm3. Calculate the average density of the two 

specimens from the sample. If the difference of two readings is greater than 0.0003 

g/cm3, discard results and repeat testing of sample. Air or undissolved gas will cause 

erroneous measurement errors. The user of the shall always visually inspect for 

undissolved gas in the measurement tube for a valid test.

13. Drain the instrument and repeat testing for the second (or subsequent) package of the 

sample, repeating Steps 6–12. 
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14. Calculate the Average Product Density of sample 1 and 2. The two results must agree 

within 0.0005 g/cm3. If the difference between the densities of the two packages exceeds 

0.0005 g/cm3, use the volumetric procedure in Section 3.3. “Volumetric Test Procedure 

for Non-Viscous Liquids”, or you may continue the testing of all the subsequent sample 

packages selected from the lot using Steps 6-13. 

15. Determine the Average Used Dry Tare Weight of the sample according to provisions of 

Section 2.3.5. “Procedures for Determining Tare.” 

16. Calculate the “nominal gross weight” using the following formula: 

Nominal Gross Weight = (Average Product Density [in weight units]) × (Labeled 

Volume) + (Average Used Dry Tare Weight)

17. Weigh the remaining packages in the sample.

18. Subtract the nominal gross weight from the gross weight of each package to obtain 

package errors in terms of weight. All sample packages are compared to the nominal 

gross weight.

19. To convert the average error or package error from weight to volume, use the following 

formula: 

Package Error in Volume = Package Error in Weight ÷ Average Product Density Per 

Volume Unit of Measure

3.X.3. Evaluation of Results 

Follow the procedures in Chapter 2, Section 2.3.7. “Evaluate for Compliance” to determine lot 

conformance. 

3.X.4. Cleaning and Storage of Digital Density Meter 

Anytime the portable digital density meter is used to test a different commodity, or if the digital 

density meter use is done for the day and going to be stored after final use, the instrument shall 

be drained and cleaned following the manufacturer’s recommended cleaning procedures and 

using two cleaning agents. The first cleaning agent removes sample residue, and the second 

cleaning agent removes the first cleaning agent. See Table X.5. Cleaning Agents for examples of 

cleaning agents recommended by a digital density meter manufacturer. 

NOTE: If the unit will be immediately used to measure another sample of similar composition 

(e.g., milk with different fat contents, different viscosity oils), the unit may be drained and 

flushed with the new sample three times before the next analysis.

If the density meter is not going to be used within 2 days, it is recommended that the measuring 

cell be dried using an external low-pressure air source. Bypassing the internal pump may be 

necessary to dry the measuring cell. After a thorough cleaning, connect the portable digital 

density meter to a low-pressure air source, (e.g., aquarium air pump) to dry the unit’s 

measurement cell. This will ensure no buildup of deposits in the measuring cell and no longterm drift of the instrument calibration. To determine if the measuring cell is “dry”, the 
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density will display an air value of 0.0012 g/cm3. See Table X.1. Air Density Calculation. If this 

value is not achieved, additional cleaning may be necessary. 

NOTE: The digital density meter must be properly stored to avoid the possibility of any water 

residue within the measuring cell from freezing. 

Table X.1. Air Density Calculation

Calculate the density of air at the temperature of test using the following 

equation

ρair, g/mL = 0.001293[273.15/T][P/760] 

Where: 

T = temperature, K, and 

P = barometric pressure, torr. 

°C mmHg dair, g/mL 

15.56 760 0.001223314 

Table X.2. 

Density Coefficient Factor (Alpha)

(Rev. 11/15/2022)

Notice: This Table is currently under development. Missing data will be added after additional research and 

validation is completed. (Rev 11/15/2022)

Note: Do not use these alpha values if they are outside the accepted temperature range as shown.

Product 

alpha(α1)/°C 

|(p1-p2)/(T1-

T2)|

alpha(α2)/°C 

(d2/d1-

1)/(T1-T2)

Temperature 

Range

Typical 

Density at 

ref temp, 

g/cm3

Source of 

derived 

information

Reference 

Temperature

, °C

Petroleum Products use α1 (AntonPaar) or α2 (MettlerToledo) for specific instrument

n-Heptane 15.56

Iso-Octane 0.00085 0.001243 10 - 30°C NBS SRM 2213 15.56

n-Pentane 15.56

Toluene 0.00092 0.00107 10 - 30°C 0.8710 ASTM D1555 15.56

o-Xylene 0.00082 0.00094 10 - 30°C 0.8834 ASTM D1555 15.56

m-Xylene 0.00084 0.00098 10 - 30°C 0.8678 ASTM D1555 15.56

p-Xylene 0.00086 0.00101 10 - 30°C 0.8646 ASTM D1555 15.56

mixed 

Xylenes 0.00084 0.00098 10 - 30°C ASTM D1555

Generalized Petroleum Products (ASTM D1250) Footnote [1]
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(Rev. 11/15/2022)

Notice: This Table is currently under development. Missing data will be added after additional research and 

validation is completed. (Rev 11/15/2022)

Note: Do not use these alpha values if they are outside the accepted temperature range as shown.

Product 

alpha(α1)/°C 

|(p1-p2)/(T1-

T2)|

alpha(α2)/°C 

(d2/d1-

1)/(T1-T2)

Temperature 

Range

Typical 

Density at 

ref temp, 

g/cm3

Source of 

derived 

information

Reference 

Temperature

, °C

Automatic 

Transmissi

on Fluid

API Density 

D 

API Density 

D 4 - 44°C ASTM/API/IP 15.56

Camp Fuel, 

White Gas

API Density 

B

API Density 

B 4 - 44°C ASTM/API/IP 15.56

Diesel, 

heating oil

API Density 

B

API Density 

B 4 - 44°C 0.81 - 1.08 ASTM/API/IP 15.56

Engine Oil API Density 

D

API Density 

D 4 - 44°C ASTM/API/IP 15.56

Gasoline API Density 

B

API Density 

B 4 - 44°C 0.65- 0.78 ASTM/API/IP 15.56

Kerosene, 

jet fuel

API Density 

B

API Density 

B 4 - 44°C 0.79 - 0.84 ASTM/API/IP 15.56

Mineral oil API Density 

D

API Density 

D 4 - 44°C ASTM/API/IP 15.56

Paint 

Thinner

API Density 

B

API Density 

B 4 - 44°C ASTM/API/IP 15.56

Petroleum 

Ether

API Density 

B

API Density 

B 4 - 44°C ASTM/API/IP 15.56

Other Liquids and Wine (use α1 (AntonPaar) or α2 (Mettler Toledo) for specific instrument

Acetic acid 20

Acetone 20

Alcohol, 

ethyl 

(ethanol) 

100%

0.00086 0.00109 0 - 40° 0.79304 Measurement 

Canada 15.556

Alcohol, 

methyl 20

Ammonia 20

Aniline 20

Antifreeze 

50/50 

(ethylene 

glycol)

20
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(Rev. 11/15/2022)

Notice: This Table is currently under development. Missing data will be added after additional research and 

validation is completed. (Rev 11/15/2022)

Note: Do not use these alpha values if they are outside the accepted temperature range as shown.

Product 

alpha(α1)/°C 

|(p1-p2)/(T1-

T2)|

alpha(α2)/°C 

(d2/d1-

1)/(T1-T2)

Temperature 

Range

Typical 

Density at 

ref temp, 

g/cm3

Source of 

derived 

information

Reference 

Temperature

, °C

Diesel 

Exhaust 

Fluid

1.0870 - 

1.0930 ISO 22241 20

Distilled 

Spirits 15.56

Ether 20

Ethyl 

acetate 20

Ethylene 

glycol 20

Glycerin 

(glycerol) 20

Isobutyl 

alcohol 20

Isopropanol 

(70 %)

20

Isopropanol 

(91 %)

20

Isopropanol 

Anhydrous 

(100 %)

0.00083 0.00107 5 -30 °C 0.7850 20

Methyl 

Ethyl Ethyl 

Ketone

20

Olive oil 20

Sulfuric 

acid, 

concentrate

d

20

Turpentine 20

Water 0.00021 0.00021 0.9982 NIST.IR.6969-

2018 Table 9.10 20

Dairy Products (use α1 (AntonPaar) or α2 (Mettler Toledo) for specific instrument
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(Rev. 11/15/2022)

Notice: This Table is currently under development. Missing data will be added after additional research and 

validation is completed. (Rev 11/15/2022)

Note: Do not use these alpha values if they are outside the accepted temperature range as shown.

Product 

alpha(α1)/°C 

|(p1-p2)/(T1-

T2)|

alpha(α2)/°C 

(d2/d1-

1)/(T1-T2)

Temperature 

Range

Typical 

Density at 

ref temp, 

g/cm3

Source of 

derived 

information

Reference 

Temperature

, °C

Dairy 

Products

alpha(α1)/°C 

|(p1-p2)/(T1-

T2)|

alpha(α2)/°C 

(d2/d1-

1)/(T1-T2)

Temperature 

Range

Typical 

Density at 

4°C

Source of 

derived 

information

Reference 

Temperature

, °C

Homogeniz

ed milk 0.00025 4 - 20 °C 1.033 Footnote [2] 4.4

Milk, 2 % 0.00022 4 - 20 °C 1.034 Footnote [2] 4.4

Skim milk 0.00019 4 - 20 °C 1.036 Footnote [2] 4.4

Fortified 

skim 0.00019 4 - 20 °C 1.041 Footnote [2] 4.4

Half and 

half 0.00044 4 - 20 °C 1.027 Footnote [2] 4.4

Half and 

half, fort. 0.00044 4 - 20 °C 1.031 Footnote [2] 4.4

Light 

cream

0.00056 4 - 20 °C 1.021 Footnote [2] 4.4

Heavy 

cream

0.00088 4 - 20 °C 1.008 Footnote [2] 4.4

Footnotes: 

1. Instrument with built in tables for Generalized Petroleum Products (ASTM D1250) 

2. Goff, H.D., Hill A.R. "Dairy Chemistry and Physics", University of Guelph 

3. Alpha (α1) values are used in Anton Paar Instruments 

4. Alpha (α2) values are used in Mettler Toledo Instruments 

Table X.3. Viscosity Corrections of Common Materials 

Note: Values for Viscosity and Corrections are published in XXXX. 

Material Viscosity in Centipoise

(at 20 °C) Correction g/cc

Water 1 cP

Milk 3 cP

Castrol Oil 1,000 cP 0.0008

Karo Syrup 5,000 cP 0.0008

Honey 10,000 cP 0.00085
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Table X.4. Apparent Mass Factor

Elevation, ft sea level 1500 3000 4500 6000

Barometer, mmHg 760 720 680 640 600

density, g/cc Apparent Mass Factor

0.500 0.9977 0.9979 0.9980 0.9981 0.9982

0.600 0.9981 0.9982 0.9983 0.9984 0.9985

0.700 0.9984 0.9985 0.9986 0.9987 0.9988

0.800 0.9986 0.9987 0.9988 0.9989 0.9989

0.900 0.9988 0.9989 0.9989 0.9990 0.9991

1.000 0.9989 0.9990 0.9991 0.9991 0.9992

1.100 0.9991 0.9991 0.9992 0.9992 0.9993

1.200 0.9991 0.9992 0.9992 0.9993 0.9993

1.300 0.9992 0.9993 0.9993 0.9993 0.9994

1.400 0.9993 0.9993 0.9994 0.9994 0.9994

1.500 0.9993 0.9994 0.9994 0.9994 0.9995

Elevation or prevailing barometric pressure at the location of measurement.

Table X.5. Cleaning Agents

(Examples of cleaning agents recommended by digital density meter manufacturers. Verify the 

proper cleaning agent for the digital density meter used based on manufacturers recommendation.)

Commodity Cleaning Liquid 1 Cleaning Liquid 2

Petroleum products

Toluene, petroleum naphtha, 

petroleum ether, n-nonane, 

cyclohexane

Ethanol

Battery acid Tap water Ultra-pure (bi-distilled or 

deionized) water

Liquid soap and detergent, 

shampoo Tap water Ultra-pure (bi-distilled or deionized) water

Salad dressing, 

mayonnaise

Petroleum naphtha, dish washing 

agent in water Ethanol

Suntan lotion Tap water Ethanol

Spirits Tap water Ultra-pure (bi-distilled or 

deionized) water

Grape juice, syrup Warm tap water Ultra-pure (bi-distilled or 

deionized) water

Milk* Tap water, enzymatic lab cleaner Ultra-pure (bi-distilled or 

deionized) water
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(Examples of cleaning agents recommended by digital density meter manufacturers. Verify the 

proper cleaning agent for the digital density meter used based on manufacturers recommendation.)

Commodity Cleaning Liquid 1 Cleaning Liquid 2

*NOTE: Do not introduce ethanol or other alcohols into instrument without first flushing all milk 

products from instruments.

NIST OWM Detailed Technical Analysis:

Portable digital density meters are in widespread use in the verification of the net quantity of contents by 

legal metrology programs in other countries to test a wide range of liquids including chemicals and oils. 

These devices are also widely used in industry laboratories and their performance with many viscous and 

non-viscous products is proven. 

OWM agrees with the submitter that these devices may be used in audit testing and screening of packaged 

commodities for accurate quantity determinations. Inspectors should use the current procedures in NIST 

HB133 for enforcement purposes. This practice should continue until studies provide sufficient evidence 

that these devices can provide density values equivalent to those measured found using existing test 

methods. 

OWM encourages that inspectors considering the use of these devices in determining product density to 

follow the guidance provided in Section 3.X. Scope to have these devices compared to current test 

procedures in a calibration laboratory. If that is not practical, it is important that inspectors using these 

devices in the field, also determine the product density using NIST HB133 Chapter 3. “Test Procedures – 

For Packages Labeled by Volume.” An inspector should perform several comparisons of two density 

values to ensure they are identical before using any value from a density meter to take enforcement action 

on packaged goods. 

OWM also encourages users to share their test-method comparison data with the Committee and/or Task 

Group if formed so that it can be collected and analyzed as part of the national process for recognizing 

these devices for use in a future edition of NIST HB133. 

The use of this equipment has great potential to facilitate testing in package checking as well as other 

weights and measures inspection areas. OWM looks forward to assisting the L&R Committee and the 

weights and measures community as it works to support the use of this equipment in official inspections.

As the Committee is aware, the current Item Under Consideration was completed and provided to the 

Committee by the submitter one day before the 2022 NCWM Interim started. OWM and others need 

additional time to adequately consider the most recent version of the proposal and to continue assessing 

technical gaps previously identified. OWM lab metrology staff is assisting the OWM L&R Advisors with 

a review of this proposal and OWM will be providing additional technical feedback to assist the 

Committee in assessing this proposal.

Since the 2022 NCWM Annual Meeting, OWM has been working with the submitter, Ronald Hayes in 

addressing the numerous comments NIST OWM had submitted. As a result, the submitter has made a 

several significant updates to the current item under. Even with these changes, OWM believes additional 

review and development is needed by all stakeholders, including other outstanding and new comments 

and concerns that OWM has outlined. 
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Even with the recently submitted changes, OWM believes additional work is required. Some of the 

changes included:

• Adding criteria for selection of a suitable portable digital density meter. 

• Adding back in a table with “Density Coefficient Factors” with verified values.

• Verifying the accuracy of all values and citing the sources of this verification within the 

procedure

• Adding graphics (pictures) to provide clarification.

• OWM has engaged it metrology group to assist with the ongoing review and provide expertise on 

how to best validate the accuracy and performance of the meter, and to review the test procedure 

for clarity, usability, and reliability. OWM is looking into obtaining a portable digital density 

meter so we can have on hands experience which will provide even more insight. 

• It is unusual for a new technical and detailed procedure, to have no comments been heard from 

membership regarding edits, changes, questions, or comments about the proposal. We encourage 

the membership to perform a critical review of the test procedure as it will have a significant 

impact in W&M. 

• Like any standards or test equipment such as test weights, volumetric standards, temperature 

sensing devices that will be used in regulatory action, it is essential for a weights and measures 

jurisdiction to validate the traceability of measurements made using the equipment. Results must 

be “beyond a reasonable doubt.” It is OWM’s opinion this has not been met. Limited testing has 

been conducted by the submitter.

• The data provided thus far looks promising but is insufficient to ensure it will be defensible for 

use in official inspections. Data is insufficient in quantity to be statistically significant. Data 

collected is limited in scope. It does not address the range of proposed product types and 

applications.

• A wide variety of density meters with variable applications and accuracies are available. The cost 

of a Portable Digital Density Meter is approximately $3000 to $4000. Costs vary according to 

specific safety, security, and accuracy issues that must be met. 

• OWM recommends the L&R Committee consider the following actions.

• Refine the Proposed Language. Additional modifications are needed to the proposal in 

specific areas to better define use.

• Establish a Task Group under the L&R Committee. Assign this group the responsibility of 

collecting data to validate the use of density meters for specific product types and categories. 

Additional tasks might include the following:

 Prioritize the product types and categories of highest interest to regulators and industry for 

validation.
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 Clearly define the uncertainty and an allowable difference or tolerance between the digital 

density meter and the current NIST HB 133. 

 Define the lower limits on density (example: > 0.5 g/cm3 to 2 g/cm3

) defined. Under the 

current proposal scenarios can occur where mathematically calculated volume values will not 

be sufficiently accurate. 

 Products of higher viscosities are a concern. “Viscous” needs to be clearly defined (with a 

value). 

 Criteria for determining an appropriate density meter (like range and minimum resolution) 

needs to be defined.

 Reference material of known (liquid) quantities needs to be better conveyed in the procedure.

 Clear guidance needs to be provided regarding the limitations of these devices, particularly 

regarding their use in audit testing vs. enforcement action. 

 “Critical steps” needed to avoid enforcement errors need to be identified and clearly 

communicated. 

 The source of alpha values needs to be verified and cited in the procedure. An analysis of the 

likely uncertainty of locally calculated alpha values must be completed to verify impact on 

final calculated volumes.

 Correction factors used with equipment need to be validated and means for security provided.

 The current language/procedure needs to be improved for cleaning the device between uses; 

a critical step that will affect results if not properly done and could vary by manufacturer. 

 The use and limitations of an air pump needs to be qualified. 

• Develop Guidance Documents.

 High-Level Steps for Validating Test Equipment.

• NIST OWM can provide guidance and prioritization on key steps needed to validate such test 

equipment.

• Such guidelines can be used by individual Directors, work groups, or industry to conduct data 

collection and analysis to validate specific equipment and product types.

• NIST Field Manual. Determine the need for a NIST Field Manual to support and facilitate the 

use of Digital Density Meters for official inspections and testing.

OWM recommends that the Committee avoid the practice of allowing measuring sensors or unverified 

applications on state or inspector owned smartphones in testing and enforcement actions. Any measuring 

device involved the verification of the net quantity of contents of packaged goods should be evaluated for 

suitability and tested and calibrated by the state’s metrology laboratory (or an accredited 3rd party testing 

laboratory.) There are other concerns as well but, if the inspector can obtain the current local barometric 

pressure as shown on the National Weather Service website at National Weather Service (NWS), which 
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provides local weather conditions including barometric pressure by zip code search, that should be a more 

reliable and defensible resource than an unverified smartphone application that may have been dropped 

and damaged. If the Committee finds the NWS website does not provide the needed pressure reading 

within the required accuracy, then OWM recommends that the procedure be modified to require the 

inspector have a certified barometer available for use during the inspection. Removing reference to use of 

barometer was agreed upon by the submitter and removed. 

Another important question is if the manufacturers provide adequate means for ensuring the accuracy and 

traceability of the built-in thermometers. This is because accurate temperature determinations are 

especially critical in making density determinations using a 2 mL sample. Detailed guidance on taking 

samples is also needed to assure accuracy. It is important that the sample be collected from the package 

using good measurement practice and that once collected it be measured promptly to ensure that the 

temperature does not vary outside of the prescribed range. 

OWM joins with the submitter in highlighting the limitations of the types of liquids that can be tested 

using these devices. The submitter provided the following in Section 3.X. Scope: 

This test procedure is suitable for measuring the density of homogenous liquids including dairy 

products such as milk and half & half; petroleum products such as fuel, motor oil, transmission 

fluid, paint thinner, brake fluid, diesel exhaust fluid, automotive coolant; pulp-free juices, wine, 

distilled spirits, water, mouth wash, alcohol, syrups, cooking oils, solvents, cleaning supplies, 

chemicals, as well as other viscous and non-viscous liquids. All products tested shall be free of 

suspended gas, air, sediment, suspended matter.

This was confirmed in testing that OWM had previously performed, it which recognized that most 

devices would not provide acceptable results if, the liquid had entrained air, the product was carbonated, 

or if it contained solids (e.g., flavored milks or juices, especially where shaking is recommended to mix 

the solids). Manufacturer’s instructions should be reviewed to determine if the meter under consideration 

is suitable for testing the products that the official intends to examine. Today’s meters will likely provide 

more accurate determinations of density over a wider range of products, but OWM recommends their 

performance be verified against NIST HB133 method to ensure both accuracy and repeatability. OWM 

also recommends that if these devices are to be evaluated comparisons should start with testing various 

products including viscous products listed in the proposal. Portable Digital Density meters could be 

accepted where their availability may provide the greatest return on the investment. OWM recommends 

anyone using these meters for use in package control read Guide 14 “Density Measurement” published in 

2011 by the Organization of International Legal Metrology (OIML) 

https://www.oiml.org/en/files/pdf_g/g014-e11.pdf. 

The submitter of this proposal had a Table X.1 “Viscosity Corrections of Common Materials”. What is 

the source of these values and what uncertainties are associated with the values? 

In a separate comment the submitter reports that the “Current method in Section 3.4 Volumetric Test 

Procedures for Viscous Fluids – Headspace” does not work for oblong plastic bottles often used for motor 

oil.” OWM was either not aware of this issue or overlooked this statement in previous submittal of this 

proposal that came before the L&R Committee. OWM encourages the Committee to request that the 

submitter provide information, pictures, and test data on this issue to allow the Committee and OWM to 

investigate this type of problem. When OWM was developing training courses on package control 

several oblong paint containers were tested using the headspace methods in NIST HB133 and those tests 

worked well and provided good test results. OWM does not dispute the submitter’s statement but wishes 

to express the belief it merits further inquiry. Perhaps some amendments to the current headspace test 

methods can be made to make them more appropriate for use with oblong motor oil containers. OWM 
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believes this effort will be justified because many jurisdictions will likely not purchase digital density 

meters for their inspectors due to their cost. Ensuring the existing test procedures are valid for use with 

different package designs and containers is essential. 

Viscous and Non-Viscous Liquids

OWM encourages the Committee to solicit comments and suggestions to provide clearer terms and 

examples to identify product types which fall under the classification of a viscous and non-viscous liquid. 

Packaging and labeling regulations typically require that viscous liquids (such as ketchup, mustard) be 

sold by net weight not fluid measure so devices may have a narrower range of application in testing of 

packages typically inspected by weights and measures. The question of whether a product is viscous is a 

frequent question that we address in packaging and labeling inquiries. Over the years OWM has also 

received several requests from the food industry for help in better defining the range of products that fall 

under the definitions. Such an effort would help inspectors and packers alike. It would certainly help 

others to see the types of products that these instruments may be most suitable for use in testing. If the 

terms were better defined or a listing of typical products were provided to illustrate a consensus opinion 

on these categories, it could be added to the Interpretations and Guidelines Sections of NIST Handbook 

130 and become a valuable reference in the future by ensuring the same product is labeled by the same 

units of measure for all manufacturers. 

Demonstration before the NCWM Laws and Regulations Committee

After a test procedure has been fully develop, the Committee may want to initiate a practice of having 

submitters demonstrate the complete procedure (step by step) before the Committee (either in-person or 

video). This would allow for the procedure to be evaluated and better understood. OWM has found that 

several of the procedures adopted into NIST Handbook 133 at times omitted steps in the package 

inspection process, while others included specifications for test equipment that had to be fabricated. 

OWM also found there may not have been a design specification or drawings available for utilization by 

the states for ordering the equipment. In addition, we recommend that submitters refrain from creating 

active software spreadsheets. Some inspectors may not have the software, knowledge in using it, or 

availability of a computer at an inspection site. 

Below is a listing of recommended changes from OWM to the Item Under Consideration. OWM 

justifications for the changes can be found in outlined boxes below the change. In addition, OWM 

recommends that this proposal be Developing or Assigned to a Task Group. 

General Comments from NIST OWM:

• Recommend adding a short explanation of turning density to volume, and the necessary 

conversion from density at measured temp (apparent density) to density at reference temp (true 

density then apparent density). 

• Without that short explanation, the reader, regardless that they’re just following steps, will not 

understand that there are two temperatures (ambient and reference), two density terms 

(apparent and true), but only one volume result from the measurement. 

• There are too many undefined terms, inconsistent term usage and unnecessary equations. Steps 

7, 8, and 9 need to be reviewed. 
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• There should be some introductory statement on how this type of device works. An ordinary 

user who is not familiar with the scientific underpinning of the density meter will not 

appreciate the uncertainty introduced by temperature variation, and volumetric expansion, the 

need for calibration, or the magnitude of uncertainties contributed by factors such as 

temperature, viscosity, and barometric pressure. This doesn’t need to be a long section, but it 

should preferably be in the document. 

• There are mentions of correction factors in various sections and it is unclear what exactly those 

correction factors are, to a general reader, and how it affects measurements. This should be 

clarified. 

• There may be a general reliance on the density meter’s accuracy and that the manufacturers do 

their homework. That may well be, but a device is only as good as the user and if the user does 

not have an appreciation for how this device works, and the sources of error, then they can’t 

make good judgements on whether their measurement practice is good or not. This should be 

reflected in the procedure. 

• Consider having an Appendix showing where calculation of alpha and other values states in the 

Tables are derived and the source they come from. 

Preamble under the Item Under Consideration: 

Amend NIST Handbook 133, Checking the Net Contents of Packaged Goods, to modify Note 2 in 

Section 3.1.1. Test Methods and Section 3.X. Gravimetric Test Procedure for Viscous and Non-Viscous 

Liquids by Portable Digital Density Meter. Add a compliance test procedure for 3.X. Gravimetric Test 

Procedure for Viscous and Non-Viscous Liquids by Portable Density Meter as follows:

3.1. Scope

3.1.1. Test Methods

Notes:

... 

(2) When checking liquid products using a volumetric or gravimetric procedure for density 

determination, the temperature of the samples must be maintained at the reference 

temperature ± 2 °C (± 5 °F), except when using Section 3.X. Gravimetric Test 

Procedure for Viscous and Non-Viscous Liquids by Portable Digital Density Meter, 

where a correction factor is used to correct the density to the reference temperature. 

OWM believes additional data collection and analysis comparing the portable digital 

density meter results to current NIST HB133 test procedures for determining density is 

essential and would be best done by a Task Group. Based on that work, the TG can assess 

any limitations such as whether the procedure can be recommended for audit or 

compliance testing and whether there should be proposed restrictions on product types. 

OWM plans to provide guidance on the requirements for data collection. In addition, 

there is much benefit to be gained from having others who are not experienced (nontechnical) review and provide feedback on the procedure’s usability. 
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3.X. Gravimetric Test Procedure for Viscous and Non-Viscous Liquids by Portable Digital Density 

Meter 

Use the following procedure for packages labeled in fluid volume. 

Most portable digital density meters are suitable for measuring the density of homogenous liquids 

free of suspended gas, air, sediment, and suspended matter. Portable digital density meters should 

not be used for products such as orange juice with pulp, buttermilk, liquids requiring “shake before 

use”, paint, carbonated products such as soda and beer, or substances not approved by the digital 

density meter manufacturer. 

The suitability of a given meter for use with specific product types is determined based upon the 

specifications of the manufacturer, the intended application, and verification by a recognized 

laboratory. 

A portable digital density meter must meet the following criteria unless otherwise noted:

• Influence of viscosity on density result is automatically corrected for highly viscous samples. 

• RFID function for reading RFID tags for a quicker assignment of methods and for 

expanding the number of methods available to the inspector. 

• Built-in data storage for storing test results.

• Printing capabilities to print test results is desirable but not required. 

• Resolution of 4 decimal places with an accuracy to 0.001 g/cm3. Instrument has a 

measurement mode setting set to the most “accurate” mode (e.g., precise mode) as defined 

by the manufacturer.

Note: Typically, portable digital density meters manufactured after 2??? meet this criteria, but 

user of the instruments should verify with the manufacturer. 

The criteria need to be further reviewed and developed based on portable density meters in the 

marketplace. The capability to print test results stored in the instrument does not have to be a 

dedicated printer for the instrument. Bar Code reading technology is not required and RFID capability 

is sufficient. The NOTE above is unnecessary once criteria is established. 

The portable digital density meter shall be verified and approved in accordance with the 

manufacturers and other recognized calibration procedures before being put into service. The 

portable digital density meter must only be used in a manner for which it was designed and 

calibrated. This device must be routinely recertified according to your agency’s measurement 

assurance policies. Refer to NIST HB 130 Section 11 (h) of Weights and Measures Law and NIST 

HB 133 Chapter 1, Section 1.7. Good Measurement Practices for additional guidance. 

Verify the accuracy (calibration) of the portable digital density meter before each initial daily use, 

before each use at new location, or when there is any indication of abnormal equipment 

performance (e.g., erratic indications). Recheck the portable digital density meter accuracy 
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2023 NCWM Annual L&R Agenda Items 

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(calibration) if it is found that the sample does not pass, to confirm that the test equipment is not at 

fault”. 

Users must consult with the manufacturers to ensure the brand and model automatically correct 

for viscosity for viscosities greater than 100 mPa·s. Viscosities less than 100 mPa·s do not require a 

viscosity correction. 

A previous OWM commented identified a concern that if viscous products are deemed suitable for use 

by the manufacturer, a maximum viscosity value needs to be defined and the viscosity of the product to 

be used with the density meter, the viscosity of the product must be verified. Currently the test 

procedure does not have steps for determining the viscosity of a product. It was recently learned that the 

current portable digital density meter technology appears to have a built-in automatic correction for 

viscosity. Research paper from Mettler Toledo, “Influence of sample viscosity on density 

measurements with the oscillating tube technique” 51710042 Proof 

(https://www.mt.com/dam/mt_ext_files/Editorial/Generic/3/UserCom_6_0x000248d200026358000

406a7_files/51710088_usercom6e.pdf) says you can avoid the viscosity when using portable digital 

density meter because the impact is insignificant (e.g., analogy of the borosilicate glass correction being 

insignificant when used in the volumetric test procedure). The newer portable digital density meter can 

be used on any commodity regardless of viscosity because the unit automatically corrects for viscosity. 

OWM recommends the correction for viscosity needs to be further analyzed and assessed. 

There should be a rationale as to why viscosity corrections are not needed, whether through literature 

references, estimations or through measurements. It is unclear how the portable digital density meters 

correct for viscosity since they appear to only be a toggle (on or off), and what this uncertainty 

contribution amounts to. This may require technical information from the portable digital density meter

manufacturer. 

OWM agrees that before being put into service, the official’s metrology laboratory or recognized testing 

lab shall determine that “criteria” of the instrument is met. OWM recommends a checklist or SOP be 

developed to assist labs. It should be determined how often, and if necessary, a lab should perform a 

comparison between the densities of the portable digital density meter and the current NIST HB 133 test 

procedures to demonstrate repeatable, and reliable results. 

The accuracy claim of 0.001 g/cm3 resulting from a 4 decimal place resolution will need to be proven 

with experimental data. This appears to be a standard reporting format by the manufacturer. The test 

lab should obtain calibration data from the manufacturer. Testing devices should have calibration data. 

Who is responsible for verifying and approving the portable digital density meter prior to being put in 

service as stated in the above section? More details may be needed to explain how to verify accuracy 

prior to each daily use. Maybe point reader to section 3.x.2.4 later in this document. 

This test procedure may be used as an alternative test procedure for the following Sections:

 Section 3.2. Gravimetric Test Procedure for Non-Viscous Liquids.

 Section 3.3. Volumetric Test Procedure for Non-Viscous Liquids. 

 Section 3.4. Volumetric Test Procedures for Viscous Fluids – Headspace.
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Note: Portable Digital Density Meters can also be used as a timesaver for screening products for 

product quality and product identification.

3.X.1. Test Equipment

• A scale that meets the requirements in Chapter 2, Section 2.2. “Measurement Standards 

and Test Equipment.” 

• Note: To verify that the scale has adequate resolution for use, it is first necessary to 

determine the density of the liquid; next verify that the scale division is no larger than 

MAV/6 for the package size under test. The smallest graduation on the scale must not 

exceed the weight value for MAV/6.

Example: 

Assume the inspector is using a scale with 1 g (0.002 lb) increments to test packages 

labeled 1 L (33.8 fl oz) that have an MAV of 29 mL (1 fl oz). Also, assume the 

inspector finds that the weight of 1 L of the liquid is 943 g (2.078 lb). 

Density: 1 L = 943 g (2.078 lb) 

MAV: 29 mL (1 fl oz) 

 Convert the Density into mL and Fl oz: 

943 g ÷ 1000 mL= 0.943 g/mL (digital density meter measurement can be 

used for this step i.e. 0.943 g/cm3) 

(2.07 8 lb ÷ 33.8 Fl oz = 0.061 4 lb/fl oz) 

 Convert MAV from Volume (mL/fl oz) to Weight:

29 mL × 0.943 g/mL = 27.347 g 

(1 Fl oz × 0.061 4 lb/fl oz = 0.064 lb) 

MAV in Weight/6: 27.347 g ÷ 6 = 4.557 g 0.064 lb ÷ 6 = 0.010 lb 

In this example, the 1 g (0.002 lb) scale division is smaller than the MAV/6 

value of 4.557 g (0.010 lb) so the scale is suitable for making a density 

determination.

• Low pressure air pump (small) – (e.g., an aquarium air pump) 

• Syringe (glass or plastic with a Luer fitting 5 mL or larger). The syringe should be free 

of any lubricating substances)

• Distilled or deionized water

• Cleaning agents (See Table 2.4. Cleaning Agents) 
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• Waste container 

• Barometer for obtaining the prevailing barometric pressure, with an accuracy of 

± 3.0 mmHg 

• Thermometer for measuring air temperature with a tolerance of ± 1 °C (2 °F)

• Portable digital density meter meeting a minimum requirement of:

Measuring Range

Density 0 – 3 g/cm3

Temperature 0 – 40 °C (32 – 104 °F)a 

Viscosity 0 – 1000 mPa·s

Accuracyb

 Density 0.001 g/cm3 

 Temperature 0.2 °C (0.4 °F)

Repeatability s.d.

 Density 0.0005 g/cm3

 Temperature 0.1 °C (0.1 °F)

Resolution

 Density 0.0001 g/cm3

 Temperature 0.1 °C (0.1 °F)

Sample Volume 2 mL

Sample Temperature max. 100 °C (212 °F)

Footnotes

a. Filling at higher temperatures possible. b. Viscosity < 100 mPa·s, density < g/cm3

3.X.2. Test Procedure 

Consideration should be given to adding pictures or graphics to help the inspector to better 

understand.

1. Follow Section 2.3.1. “Define the Inspection Lot.” Use a “Category A” sampling plan in 

the inspection. Select a random sample

2. Bring the packages and their contents to a temperature, between the reference and 

ambient temperatures

3. Note: Some packages (e.g., flavored milk) may need to be gently rolled to mix the 

contents. Avoid shaking liquids, since shaking some products to mix them will entrap 

air that will affect density measurements.
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4. The portable digital density meter must be near ambient temperature and above the 

dew point of the ambient air to avoid causing condensation within the unit. 

Condensation must be avoided and could cause the digital density meter to malfunction 

and cause potential damage. 

Additional language is needed describing how to equilibrate the digital density meter to ambient 

temperature and how to determine when there is a temperature difference. This is already 

defined within the specification of the instrument which can operate between 0 °C – 40 °C. This 

language though, reflects good lab practice, not a reflection of the instrument’s capability. 

5. Using distilled or deionized water or other reference standard(s), validate the digital 

density meter per the manufacturer’s calibration instructions. The portable digital 

density meter shall be validated to verify the accuracy (calibration) of the portable 

density meter before each initial daily use, before each use at new location, or when 

there is any indication of abnormal equipment performance (e.g., erratic indications). 

Recheck the portable density meter accuracy (calibration) if it is found that the sample 

does not pass, to confirm that the test equipment is not at fault. The digital density 

meter shall be calibrated using a standard sample, within an allowable density range of 

± 0.0005 g/cm3. 

OWM recommends using reference materials of known liquids to validate and calibrate the 

performance of the digital density meter with each product which the meter will be used to 

measure. This implies that only distilled or deionized water can or should be used. calibration 

should be done with calibration materials, whatever is available. For most this is simply pure or 

DI water. Using the test lab’s own materials as calibration is not a true verification or quality 

control since materials are often impure. Alternatively, a test lab can install its own quality 

control material for density that is measured using a higher accuracy device, and the material has 

a stability testing record. For example, alcohols are volatile and alcohol-water mixtures can 

change proportions depending on storage (headspace, etc). this should be further reviewed and 

explored. 

6. Select the first two random sample packages selected from the lot for density 

determination. 

7. Ensure the portable digital density meter is clean prior to testing. Any residual liquid 

should be drained, and the unit should be flushed with a small amount of the sample to 

be tested. Flush and discard the sample two times before taking a measurement. 

8. To test the first package of the sample, follow the manufacturer’s instructions to select 

the correct method, when using a meter with built in correction factors, and measure 

the density of the sample using a syringe or the built-in pump. Fill the specimen of the 

sample slowly and gently. If gas or air bubbles are present drain sample and refill. If 

the correction factor is not known, refer to Step 9.

9. Note: Instruments have built in stored correction factors for many products or see 

Table X.2. Density Coefficient Factor (Alpha). 

Alpha corrections factors vary by manufacture. This should be noted and addressed. 
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Most instruments have built in stored correction factors. Where are these built-in values coming 

from and how can we determine the accuracy? Should we require the official or metrologist to 

validate these values before using? OWM recommends that guidance and a step should be added 

on how to determine and verify the accuracy of any built-in stored values. This is critical in that 

these values will directly impact the measurement result. Correction factors used with the 

equipment need to be validated and means for security provided. Table X provides validated data. 

Should we require the official or metrologist to validate these values before using? To require the 

values to be validated for each meter is quite burdensome. All meter manufacturers should use a 

listing of common correction factors. Where are these built-in values coming from and how can 

we determine the accuracy? 

It’s not clear if any significance actions are to be carried out with the correction factors referenced 

above in step 7. Is the point of the sentence to simply warn the user to consult manufacturer’s 

instructions to ensure correct application of correction factors?

Note: Instruments have built in stored corrections factors for many products or see Table 

X.2 Density Coefficient Factor (Alpha) 

Note: Use of a syringe may be desirable to allow sample specimen to achieve ambient 

temperature prior to introduction of specimen into testing cell and for viscous specimens.

Transferring the product via a syringe can be a source of error. Language should be added to 

the “Note” as to how to transfer the product from the syringe to the portable digital density 

meter. There is still skill involved in filling a syringe with a sample properly ensuring that the 

syringe is free of other liquids, that the syringe material and the sample are not incompatible, 

that the sample coats the walls of the syringe, that bubbles are expelled especially in the case of 

viscous liquids such that the transfer of the liquid from the syringe to the density meter ensures a 

homogeneous liquid in the meter.

3. Once the temperature reading on the portable digital density meter has stabilized 

(maintained reading ± 0.2 °C (± 0.5 °F) for 10 seconds), record density and temperature 

as indicated on instrument. Instruments have a measurement mode setting that shall be 

set in the most “accurate” mode (e.g., precise mode) as defined by the manufacturer. 

4. Apply the density coefficient of expansion (Alpha) also known as the density correction 

factor, to correct to the reference temperature. See Table X.2. Density Coefficient 

Factor (Alpha). If the Alpha correction is not known, then the factor can be calculated 

using the below formula.

After this correction, this value is the density of the substance in the vacuum at the 

prescribed reference temperature. Calculating the Temperature Coefficient Alpha as 

used in Anton Paar instruments. See other instrument manuals for their alpha values 

and method of calculating alpha values for their specific instruments.

OWM agrees with the submitter with adding back in Table X.2. Density Coefficient Factor 

(Alpha) which was previously removed by the L&R Committee due to the values within the table 

not being validated. The use of this table would be useful to assist an inspector in saving time by 

not having to calculate the value. Prior to adding such a table, the source of alpha values must be 
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verified and cited in the procedure. Table X.2 “Density Coefficient Factor (Alpha) adds value by 

providing a quick look up for inspectors. The submitter plans to verify the values of all items in 

the table indicating the source and verification of the alpha correction factors. 

The source of alpha values needs to be verified and cited in the procedure or within an appendix. 

An analysis of the likely uncertainty of locally calculated alpha values must be completed to 

verify impact on final calculated volumes. A report of the uncertainties of the digital density 

meter to the volumetric test procedure should be provided. Some of the questions that need to be 

answered include: 

What type of uncertainty can one expect when approximating the density coefficient factor 

(Alpha) with the below equations?

Is there a reference that can be cited for the Alpha coefficient factor equation?

This part is very confusing. By omitting any kind of explanation about the conversion from 

density (apparent density) to volume at the measurement temperature, the rest of the procedure 

makes no sense to the reader. It is very difficult for the inspector to understand what exactly 

he/she is measuring (apparent density) at the present temperature, and why corrections need to be 

made and how. Simplify the relationship between density at measured temperature to density at 

reference temperature and the use of the temperature coefficient and how these values can be 

obtained (1) via measurement at two temperatures (2) prior knowledge (i.e., lookup table for the 

equipment). Even if the instrument has an automated conversion factor, this needs to be made 

clear. 

Temperature coefficient Alpha =�

ρρ11−ρρ2

TT11−TT2�

ρ1 .... density at temperature T1

ρ2 .... density at temperature T2

T1 .... temperature at initial measurement

T2 .... temperature at second measurement

Notes:

 If the density correction factor is not known but the volume correction 

factor is known, the density correction factor can be calculated from the 

volume correction (VCF) factor using the following formula.

 Density Temperature Factor Alpha = Absolute Value of VCF × Density.

Many terms appear without being properly defined. These include such terms as: 

1) Temperature coefficient alpha,

2) density correction factor,
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3) volume correction factor, 

4) density temperature factor alpha (is that the same as temperature coefficient alpha 

above?) 

5) absolute value of beta (what is beta?) and what is density in this equation, is this 

density at the measured temperature. 

Note: Influence of viscosity on density result will be automatically corrected by the 

portable digital density meter for highly viscous samples. 

The density meter automatically applies the correction. The corrections must be proven reliable 

and verifiable. 

Part of the established “criteria” in the test procedure is that a Portable Digital Density Meter 

used for package checking must provide automatic correction factors. OWM recommends the 

accuracy and validation of these alpha values be better defined and provide guidance on how to 

do so. 

There needs to be more information on the provenance of these alpha values, whether from a 

handbook, from a manufacturer’s prior measurements, but it needs to be separate from the meter 

itself. It is insufficient to say that the meter corrects for it. We must know how it makes that 

correction or at least an estimate of how much this affects the measurement. 

10. Apply the apparent density correction by applying one of the following steps:

(a) multiplying the density by 0.999; or 

(b) multiplying the density by the Apparent Mass Factor from Table X.4.; or 

(c) calculate apparent density by using the following: 

Converting True Density into Apparent Density

The apparent density is defined as: 

Paap = PPPPPPPPPP,ssssssss −PP PPPP

11− PP PPPP

88.00 gg/cc 33

Where:

Paap = apparent density of the sample 

Psteel = 8.0 g/cm3 

Pair = true density of air 

Ptrue,sample = true density of the sample
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The apparent density is smaller than the true density and can be calculated from the 

true density considering the buoyancy of the sample in air and the weight and 

density of a reference weight in steel. 

*Pair = true density of air as calculated from equation in Table X.1. Density 

Measurement.

After application of this factor or calculation, the new value is density of the 

substance in air. 

There are three ways to apply the apparent density correction. Consideration should be 

given to provide the “best” method. 

A very short explanation of density at ambient, density at reference temp, and why you 

need temperature corrections and how, should be mentioned further up. The 

referencing to steel at this junction is not necessary to the user. 

Drain the instrument and repeat Steps 7–10 on a second specimen of the same 

package for verification of first measurement.

At the end of Step 10 there is a sentence that reads:

“The apparent density is smaller than the true density and can be calculated from the true 

density considering the buoyancy of the sample in air and the weight and density of a 

reference weight in steel.”

Should it state “The apparent density is smaller than the true density and can be calculated 

from the true density considering the buoyancy of the sample in air and the weight and density 

of a reference weight in stainless steel.” 

Are there any references that can be cited for the above equations?

Is there a provision on what type of syringe that can be used? For example, you would not 

want to use an ordinary plastic syringe for petroleum products as it can dissolve some of the 

syringe material and contribute to the density measurement.

Note: It is not necessary to fully clean the cell between measurements for the second 

specimen of the same sample. Simply flush the cell using the same sample at least two times 

before taking your second measurement. Compare the two specimen readings, they must 

agree within 0.0003 g/cm3. Calculate the average density of the two specimens from the 

sample. If the difference of two readings is greater than 0.0003 g/cm3, discard results and 

repeat testing of sample. Air or undissolved gas will cause erroneous measurement errors. 

The user of the shall always visually inspect for undissolved gas in the measurement tube 

for a valid test. 

11. Drain the instrument and repeat testing for the second (or subsequent) package of the 

sample, repeating Steps 6–12. 

12. Calculate the Average Product Density of sample 1 and 2. The two results must agree 

within 0.0005 g/cm3. If the difference between the densities of the two packages exceeds 
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0.0005 g/cm3, use the volumetric procedure in Section 3.3. “Volumetric Test Procedure 

for Non-Viscous Liquids”, or you may continue the testing of all the subsequent sample 

packages selected from the lot using Steps 6-13. 

13. Determine the Average Used Dry Tare Weight of the sample according to provisions of 

Section 2.3.5. “Procedures for Determining Tare.” 

14. Calculate the “nominal gross weight” using the following formula: 

Nominal Gross Weight = (Average Product Density [in weight units]) × (Labeled 

Volume) + (Average Used Dry Tare Weight)

15. Weigh the remaining packages in the sample.

16. Subtract the nominal gross weight from the gross weight of each package to obtain 

package errors in terms of weight. All sample packages are compared to the nominal 

gross weight.

17. To convert the average error or package error from weight to volume, use the following 

formula: 

Package Error in Volume = Package Error in Weight ÷ Average Product Density Per 

Volume Unit of Measure

3.X.3. Evaluation of Results 

Follow the procedures in Chapter 2, Section 2.3.7. “Evaluate for Compliance” to determine lot 

conformance. 

3.X.4. Cleaning and Storage of Digital Density Meter 

Anytime the portable digital density meter is used to test a different commodity, or if the 

digital density meter use is done for the day and going to be stored after final use, the 

instrument shall be drained and cleaned following the manufacturer’s recommended cleaning 

procedures and using two cleaning agents. The first cleaning agent removes sample residue, 

and the second cleaning agent removes the first cleaning agent. See Table X.5. Cleaning 

Agents for examples of cleaning agents recommended by a digital density meter manufacturer. 

NOTE: If the unit will be immediately used to measure another sample of similar composition 

(e.g., milk with different fat contents, different viscosity oils), the unit may be drained and 

flushed with the new sample three times before the next analysis.

If the density meter is not going to be used within 2 days, it is recommended that the 

measuring cell be dried using an external low-pressure air source. Bypassing the internal 

pump may be necessary to dry the measuring cell. After a thorough cleaning, connect the

portable digital density meter to a low-pressure air source, (e.g., aquarium air pump) to dry 

the unit’s measurement cell. This will ensure no buildup of deposits in the measuring cell and 

no long-term drift of the instrument calibration. To determine if the measuring cell is “dry”, 

the density will display an air value of 0.0012 g/cm3. See Table X.1. Air Density Calculation. 

If this value is not achieved, additional cleaning may be necessary. 
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NOTE: The digital density meter must be properly stored to avoid the possibility of any water 

residue within the measuring cell from freezing. 

How exact to 0.0012 g/cm3 should the Portable Digital Density Meter display when dry? Wouldn’t it 

depend on surface elevation among other things? 

What is the guidance for properly storing Portable Digital Density Meter to prevent measuring cell 

from freezing, regarding the above note? 

Table X.1. Air Density Calculation

Calculate the density of air at the temperature of test using the following 

equation

ρair, g/mL = 0.001293[273.15/T][P/760] 

Where: 

T = temperature, K, and 

P = barometric pressure, torr. 

°C mmHg dair, g/mL 

15.56 760 0.001223314 

Table X.2. Density Coefficient Factor (Alpha)

Notice: This Table is currently under development. Missing data will be added after additional research 

and validation is completed. (Rev 11/15/2022)

Note: Do not use these alpha values if they are outside the accepted temperature range as shown. 

Product

alpha(α1)/°

C |(p1-

p2)/(T1-T2)|

alpha(α2)/°

C (d2/d1-

1)/(T1-T2)

Temperatur

e Range

Typical 

Density at 

ref temp, 

g/cm3

Source of 

derived 

information

Reference 

Temperatur

e, °C

Petroleum Products use α1 (AntonPaar) or α2 (MettlerToledo) for specific instrument

n-Heptane 15.56

Iso-Octane 0.00085 0.001243 10 - 30°C NBS SRM 2213 15.56

n-Pentane 15.56

Toluene 0.00092 0.00107 10 - 30°C 0.8710 ASTM 

D1555 15.56

o-Xylene 0.00082 0.00094 10 - 30°C 0.8834 ASTM 

D1555 15.56

m-Xylene 0.00084 0.00098 10 - 30°C 0.8678 ASTM 

D1555 15.56

p-Xylene 0.00086 0.00101 10 - 30°C 0.8646 ASTM 

D1555 15.56
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Notice: This Table is currently under development. Missing data will be added after additional research 

and validation is completed. (Rev 11/15/2022)

Note: Do not use these alpha values if they are outside the accepted temperature range as shown. 

Product

alpha(α1)/°

C |(p1-

p2)/(T1-T2)|

alpha(α2)/°

C (d2/d1-

1)/(T1-T2)

Temperatur

e Range

Typical 

Density at 

ref temp, 

g/cm3

Source of 

derived 

information

Reference 

Temperatur

e, °C

mixed 

Xylenes 0.00084 0.00098 10 - 30°C ASTM D1555

Generalized Petroleum Products (ASTM D1250) Footnote [1]

Automatic 

Transmissio

n Fluid

API Density 

D 

API Density 

D 4 - 44°C ASTM / API/ IP 15.56

Camp Fuel, 

White Gas

API Density 

B

API Density 

B 4 - 44°C ASTM/ API/IP 15.56

Diesel, 

heating oil

API Density 

B

API Density 

B 4 - 44°C 0.81 - 1.08 ASTM / API/ IP 15.56

Engine Oil API Density 

D

API Density 

D 4 - 44°C ASTM / API/ IP 15.56

Gasoline API Density 

B

API Density 

B 4 - 44°C 0.65- 0.78 ASTM / API/ IP 15.56

Kerosene, 

jet fuel

API Density 

B

API Density 

B 4 - 44°C 0.79 - 0.84 ASTM / API/ IP 15.56

Mineral oil API Density 

D

API Density 

D 4 - 44°C ASTM / API/ IP 15.56

Paint 

Thinner

API Density 

B

API Density 

B 4 - 44°C ASTM / API / IP 15.56

Petroleum 

Ether

API Density 

B

API Density 

B 4 - 44°C ASTM / API/ IP 15.56

Other Liquids and Wine (use α1 (AntonPaar) or α2 (MettlerToledo) for specific instrument

Acetic acid 20

Acetone 20

Alcohol, 

ethyl 

(ethanol) 

100 %

0.00086 0.00109 0 - 40° 0.79304 Measureme

nt Canada 15.556

Alcohol, 

methyl 20

Ammonia 20

Aniline 20
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Notice: This Table is currently under development. Missing data will be added after additional research 

and validation is completed. (Rev 11/15/2022)

Note: Do not use these alpha values if they are outside the accepted temperature range as shown. 

Product

alpha(α1)/°

C |(p1-

p2)/(T1-T2)|

alpha(α2)/°

C (d2/d1-

1)/(T1-T2)

Temperatur

e Range

Typical 

Density at 

ref temp, 

g/cm3

Source of 

derived 

information

Reference 

Temperatur

e, °C

Antifreeze 

50/50 

(ethylene 

glycol)

20

Diesel 

Exhaust 

Fluid

1.0870 - 

1.0930 ISO 22241 20

Distilled 

Spirits 15.56

Ether 20

Ethyl 

acetate 20

Ethylene 

glycol 20

Glycerin 

(glycerol) 20

Isobutyl 

alcohol 20

Isopropanol 

(70 %)

20

Isopropanol 

(91 %)

20

Isopropanol 

Anhydrous 

(100 %)

0.00083 0.00107 5 -30 °C 0.7850 20

Methyl 

Ethyl Ethyl 

Ketone

20

Olive oil 20

Sulfuric 

acid, 

concentrate

d

20

Turpentine 20
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Notice: This Table is currently under development. Missing data will be added after additional research 

and validation is completed. (Rev 11/15/2022)

Note: Do not use these alpha values if they are outside the accepted temperature range as shown. 

Product

alpha(α1)/°

C |(p1-

p2)/(T1-T2)|

alpha(α2)/°

C (d2/d1-

1)/(T1-T2)

Temperatur

e Range

Typical 

Density at 

ref temp, 

g/cm3

Source of 

derived 

information

Reference 

Temperatur

e, °C

Water 0.00021 0.00021 0.9982

NIST.IR.696

9-2018 

Table 9.10

20

Dairy Products (use α1 (Anton Paar) or α2 (Mettler Toledo) for specific instrument

Dairy 

Products

alpha(α1)/°

C |(p1-

p2)/(T1-T2)|

alpha(α2)/°

C (d2/d1-

1)/(T1-T2)

Temperatur

e Range

Typical 

Density at 

4°C

Source of 

derived 

information

Reference 

Temperatur

e, °C

Homogenize

d milk 0.00025 4 - 20 °C 1.033 Footnote [2] 4.4

Milk, 2 % 0.00022 4 - 20 °C 1.034 Footnote [2] 4.4

Skim milk 0.00019 4 - 20 °C 1.036 Footnote [2] 4.4

Fortified 

skim 0.00019 4 - 20 °C 1.041 Footnote [2] 4.4

Half and 

half 0.00044 4 - 20 °C 1.027 Footnote [2] 4.4

Half and 

half, fort. 0.00044 4 - 20 °C 1.031 Footnote [2] 4.4

Light cream 0.00056 4 - 20 °C 1.021 Footnote [2] 4.4

Heavy 

cream

0.00088 4 - 20 °C 1.008 Footnote [2] 4.4

Footnotes:

Instrument with built in tables for Generalized Petroleum Products (ASTM D1250) 

Goff, H.D., Hill A.R. "Dairy Chemistry and Physics", University of Guelph

Alpha (α1) values are used in Anton Paar Instruments 

Alpha (α2) values are used in Mettler Toledo Instruments 

Notice: This Table is currently under review. It should not be used without validation.

The source of alpha values verified at a specific temperature range should be added. 

The alpha values for the two instruments have different units. Anton Paar uses density per degree while 

Mettler Toledo uses per degree (this is more common for coefficients of thermal expansion). If you divide the 

Anton Paar by a density value, then they are about the same. They will not be the exact same coming out of 

the instruments since it depends on the instrument’s interpolation techniques used. 

A closer look needs to be done in how the procedure as written. 
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Table X.3. Viscosity Corrections of Common Materials 

Note: Values for Viscosity and Corrections are published in XXXX. 

Material

Viscosity in 

Centipoise

(at 20° C)

Correction g/cc

Water 1 cP

Milk 3 cP

Castrol Oil 1,000 cP 0.0008

Karo Syrup 5,000 cP 0.0008

Honey 10,000 cP 0.00085

Table X.4. Apparent Mass Factor

Elevation, ft sea level 1500 3000 4500 6000

Barometer, mmHg 760 720 680 640 600

density, g/cc Apparent Mass Factor

0.500 0.9977 0.9979 0.9980 0.9981 0.9982

0.600 0.9981 0.9982 0.9983 0.9984 0.9985

0.700 0.9984 0.9985 0.9986 0.9987 0.9988

0.800 0.9986 0.9987 0.9988 0.9989 0.9989

0.900 0.9988 0.9989 0.9989 0.9990 0.9991

1.000 0.9989 0.9990 0.9991 0.9991 0.9992

1.100 0.9991 0.9991 0.9992 0.9992 0.9993

1.200 0.9991 0.9992 0.9992 0.9993 0.9993

1.300 0.9992 0.9993 0.9993 0.9993 0.9994

1.400 0.9993 0.9993 0.9994 0.9994 0.9994

1.500 0.9993 0.9994 0.9994 0.9994 0.9995

Elevation or prevailing barometric pressure at the location of measurement.

OWM questions why Table X.4. Apparent Mass Factor stops at density 1.500. An earlier a statement was 

made that the process is good for density values from 0 to 3 g/mL. There should be a note to address this 

difference and instructions about what to do if a value greater than 1.5 is measured. Consideration either sating 

the range from 1.6000 – 3.000 in the table should be added or a formula provided for the user to calculate (refer 

user to Step 10, option 3). 
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Table X.5. Cleaning Agents

(Examples of cleaning agents recommended by digital density meter manufacturers. Verify the 

proper cleaning agent for the digital density meter used based on manufacturers recommendation.)

Commodity Cleaning Liquid 1 Cleaning Liquid 2

Petroleum products

Toluene, petroleum naphtha, 

petroleum ether, n-nonane, 

cyclohexane

Ethanol

Battery acid Tap water Ultra-pure (bi-distilled or 

deionized) water

Liquid soap and detergent, 

shampoo Tap water Ultra-pure (bi-distilled or deionized) water

Salad dressing, mayonnaise Petroleum naphtha, dish 

washing agent in water Ethanol

Suntan lotion Tap water Ethanol

Spirits Tap water Ultra-pure (bi-distilled or 

deionized) water

Grape juice, syrup Warm tap water Ultra-pure (bi-distilled or 

deionized) water

Milk* Tap water, enzymatic lab 

cleaner

Ultra-pure (bi-distilled or 

deionized) water

*Note: Do not introduce ethanol or other alcohols into instrument without first flushing all milk 

products from instruments.

Summary of Discussions and Actions:

At the 2022 NCWM Interim Meeting, the Committee assigned Voting status for this item. The 

Committee believes the latest proposal is fully developed, addressed previous concerns and is therefore 

ready for a vote. Additionally, the Committee believes this item will provide a tool to Weights and 

Measures Officials that will improve efficiency during inspections while maintaining current testing 

accuracy levels.

Note: The Committee removed Table X.1. Density Coefficient Factor (Alpha) because it has not been 

validated. The Committee spoke to the original submitter, and they agreed that the proposal can still go 

forward as a Voting Item without the table; it is not necessary for it to be included for field use. 

The Committee received additional information on this item from NIST OWM after the meeting stating 

the item is being reviewed by NIST OWM. NIST OWM submitted proposed changes and comments to 

the Committee for their consideration. These proposed changes and comments will be provided online to 

membership before the 2022 NCWM Annual Meeting. 

At the 2022 NCWM Annual Meeting, new information was presented to the Committee by the submitter

that recommended the following changes: 

Change “Volumetric” to “Gravimetric” in the title

• 3.X.1. Testing Equipment for portable digital density meter, add additional requirements 
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o Insert “Resolution” which includes Density of 0.0001 g/cm3 and Temperature of 0.1 °C 

(0.1 °F), which was inadvertently left out in prior publications. 

• Correct an error to the viscosity formula by removing the word “adding” and inserting the word 

“subtracting” 3.X.2. Test Procedure. 

The Committee removed Table X.1. Density Coefficient Factor (Alpha) from the proposal at the 2022 

NCWM Interim Meeting due to the data not being validated. The Committee recommends that the 

submitter validate Table X.1. Density Coefficient Factor (Alpha) and reinsert it into the proposal for the 

Committee to reconsideration. 

The Committee also reviewed the 2022 NIST OWM Analysis and their comments during open hearings. 

OWM noted that use of this equipment has great potential to facilitate package testing for many viscous 

and non-viscous liquids, as well as other weights and measures inspection areas. Some concerns with the 

Item Under Consideration is the limited testing analysis provided by the submitter comparing the digital 

density meter to the current NIST Handbook 133 volumetric test procedure. Data on only five items were 

submitted which is insufficient to statistically validate results to ensure the test procedure will be 

defensible for use in official inspections. Before this procedure can be determined for use as an 

Enforcement procedure, the proper calibration and validation methods of the device, limitations of the 

devices use, and whether adding a step for using a viscometer to determine viscosity before determining 

the density would need to be considered. It was also noted that none of the four Regions moved the item 

forward as a Voting Item. 

Based on the above information, the Committee deescalated the item to Informational status with the 

intent of forming a TG to further develop the item. Other concerns were:

The NIST OWM analysis identified areas that needed to be addressed before the item should be used for 

regulatory purposes.

Adding Table X.1. Density Coefficient Factor (Alpha) back into the procedures was a substantive change 

requiring time for membership to review before voting.

Concern that proceeding with the test procedure without addressing the NIST OWM concerns could 

negatively impact regulatory actions. 

Ronald Hayes stated he support this item moving forward as an audit procedure. David Sefcik clarified 

that even as an audit procedure that additional time is needed to properly evaluate this test procedure that 

provides accurate results.

During the Voting Session the Committee was strongly urged to return this item to Voting status by 

membership put forth a formal motion to amend the Committee report. 

After deliberations the Committee agreed to amend the item with modifications to the proposal that 

included: 

• 3.XX replace the word “Volumetric” with “Gravimetric”. 

• In Section 3.X.1. the table that starts with “Measuring Range requires an insertion of a row 

between “temperature and sample volume” add a row for “Resolution” followed by density 0.001 

gm cu2 temperature – temp 0.1 °C or 1 °F. 
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• Section 3.X.2. Test Procedure – Correct an error to the viscosity formula by removing the word 

“adding” and inserting the word “subtracting”. 

Chair McGuire provided membership with the reasons the Committee believed that the Item was not fully 

developed and if put into NIST Handbook 133, and enforcement action is taken, attorneys could 

challenge it legally. The Committee did not concur with taking a Vote on this Item but allowed the 

membership to proceed with a vote. This Item nether passed or failed and was returned to Committee.

At the 2023 NCWM Interim Meeting, David Sefcik concurred with the Regional Associations

recommendation that this be assigned to a Task Group to assist the submitter with the development of the 

proposal. Prior to the 2022 NIST OWM has been actively working with Ron Hayes which resulted in 

several revisions that are reflected in the Item. With the creation of a task group, it will engage the states 

to assist. OWM was assisted by the OWM Laboratory Metrology group in reviewing the test procedure. 

In addition, OWM has been working with Annie Tsou (Los Angeles County, California) to review and 

apply the test procedure and provide feedback. Annie Tsou reported that she was unable to use the 

procedure to the lack of clarity in the equipment instructions. Chair Rathbun asked for a volunteer to 

Chair a TG, there was no response.

The Committee believes the item still requires considerable work to get it fully developed. However, the 

submitter and others do not have the resources to continuing the development of this this item, The 

Committee believes there are enough recommendations to get it to a fully developed status. In addition, 

the Committee feels that there have been many suggestions as to what it would take to make this item 

fully developed, including comments from NIST OWM. The Committee recognizes the merit of the item 

and encourages the submitter to continue development for resubmission to the Committee. For these 

reasons, the Committee assigned this item a Withdrawn status.

Regional Association Reporting: 

Western Weights and Measures Association

At the 2021 WWMA Annual Meeting, Ron Hayes provided testimony for support of this Item, it is 

resubmitted from a past Item with updated language. Ron Hayes indicated there are three volunteers who 

are testing this procedure for validation. He believes the process and technology are sound and is twice as 

accurate as the current method for some products. If approved this method would significantly decrease 

inspection times. Ivan Hankins (Iowa) asked for clarification on how this will replace the way tests are 

currently conducted. Ron Hayes responded saying this method will reduce tests times which would be 

better for field personnel. Ron Hayes expanded that he has tested this in dairies, with the new method 

taking minutes and the old method taking hours. Kevin Schnepp (CDFA-DMS) supported the continuing 

development of this Item but asked to see the aggregated data that supported the proposal. He also asked 

how often the unit needed to be calibrated, for the different products outlined in the proposal. Ron Hayes

responded that the data is being compiled into a report and provided information on the procedures on 

how to validate the calibration. Ron Hayes clarified on how to calibrate the equipment. Lisa Warfield 

(NIST OWM) supports the development of this test procedure and applauds Ronald Hayes for working on 

this. OWM submitted an analysis and agrees these devices may be used in audit testing. Lisa Warfield

made statements that highlighted items provided in the OWM analysis supporting documentation. Ron

Hayes responded to items in the OWM analysis, particularly barometric pressure by stating that this can 

be corrected for by using a correction factor listed in the agenda item. Lisa Warfield stated that the word 

approximate must be removed from all tables. Ron Hayes replied that he believed that this had been 

accomplished but it is still documented in Table X.2. Approximate Viscosities of Common Materials. 
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Ron Hayes also replied that he is looking for collaboration and continued support from NIST in this 

matter. 

The Committee recommends that this Item be Assigned. The Committee recommends that L&R National 

Chair create a Task Group headed by Ron Hayes that can work on gathering and assessing data to 

advance this proposal for use as an audit tool and eventually an enforcement tool.

At the 2022 WWMA Annual Meeting, David Sefcik (NIST OWM) worked extensively with the 

submitter. Engaged with lab metrology group to help validate performance and accuracy of meter. Does 

not believe that the procedure has been properly vetted. Does understand that the technology does work. 

The procedure needs to be worked for better ease of use and reliability. Needs to be clear and concise and 

contain all the information needed. Recommends a task group be formed and this item be assigned, no 

jurisdictions have worked through the procedures and submitted comments or feedback. Kurt Floren (Los 

Angeles County, California) stated that the procedure does work, but we need to see properly vetted data 

to support it. To prevent this item from going round and round, assign it to a national task group to gather 

additional data, testimonials, and work the item. Ed Williams (Ventura County, California) and Kevin 

Schnepp also supported this procedure but recommended it get assigned to a task group to validate and 

vet the procedure. 

The WWMA L&R Committee recommends that this item be Assigned. The Committee recommends that 

the NCWM L&R Chair create a Task Group to include Ron Hayes that can work to clarify and validate 

the test procedure to advance this proposal. This Task Group should be formed prior to the 2023 NCWM 

Interim Meeting.

Central Weights and Measures Association

At the CWMA 2021 Interim Meeting, Ron Hayes commented that he rewrote the method from its original 

version, and Table X.1. (untitled) which list the product, alpha/°C, Typical Density at 20°C, g/cm3

, and 

reference temperature is currently under review. He also mentioned the ASTM test methods that have 

been in the marketplace for several years, and he believes with the changes in Table X.1. and a few 

additional changes, he believes the item will be ready for Voting status. He is asking for volunteers to 

collect data using this instrument. Lisa Warfield (NIST OWM) commented that the NIST analysis 

captures areas for improvement and supports the development of this item as an audit procedure. Mike 

Harrington (Iowa) commented that he supports this as a Voting Item rather than be assigned to a task 

group to collect data. The Committee believes the item is fully developed by the original submitter and 

supports further testing by states and recommends Voting status.

At the 2022 CWMA Annual Meeting, Ron Hayes the item’s submitter asked Kevin Upschulte to read an 

update during Open Hearings. Ron Hayes believes this proposal is fully developed and has been working 

with NIST to address their suggestions and concerns. Lisa Warfield commented that the item should be 

deescalated to Developing status or as an Assigned Item to a task group through NCWM to collect data to 

verify accuracy and consistency of measuring devices. She stated that the use of this equipment has great 

potential to facilitate testing in package checking as well as other weights and measures inspection areas 

but that for it to be used in regulatory action it is essential to validate the traceability of measurements 

made using the equipment. Lastly, Lisa Warfield stated that the title to this section is incorrect and should 

read 3.X. Gravimetric Test Procedure for Viscous and Non-Viscous Liquids by Portable Digital Density 

Meter. Charlie Stutesman (Kansas) commented that if the item is deescalated, the Committee should 

recommend what still needs developed. He believes if the submitter feels the item is ready for Voting 

status, it should be voted up or down. On the other hand, he would also support the formation of a task 

group at the national level. Ivan Hankins (Iowa) commented that he agrees with Charlie Stutesman and 

believes the Voting status should remain on this item.
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The Committee discussed this item at length and believes digital density meters are currently and will 

continue to be useful devices in weights and measures inspections. The Committee believes this item can 

be strengthened by increasing data for validation and thinks assigning the item to a TG could be 

beneficial to finish development of this item.

At the 2022 CWMA Interim Meeting, Ron Hayes commented he has been working with NIST’s David 

Sefcik to address concerns. He stated this technology has been used for more than 50 years. He 

explained the changes made and believes it is ready for Voting status. Ivan Hankins supports this item 

moving forward with Voting status. Doug Rathbun (Illinois) commented he is concerned this item is 

fully developed if there is additional data that needs to be collected. Doug Musick (Kansas) commented 

digital density meter technology is already in use in Kansas. He wants to see a final version move 

forward as a Voting Item. Doug Musick further commented he believes NIST should be supporting this 

item and helping move it forward. Why aren’t they? This item is well-established technology and would 

make the process of enforcement much more efficient. Ron Hayes’ most recent version to address NIST 

concerns is below. He noted that if the Alpha version of “Table X.2. Density Coefficient Factor” 

prohibits Voting status for this item, it should be removed from the model language and could be used as 

reference in an appendix. The Committee asked the developer if the dashes in the table indicate the 

information is to be determined. Ron Hayes indicated that this information is forthcoming. After 

considerable discussion, the Committee believes the item is fully developed and believes information for 

the table will continue to be added over time. However, the content of the Alpha table should not impede 

this item from Voting status. 

Southern Weights and Measures Association

At the 2021 SWMA Annual Meeting, no comments were heard during open hearings. NIST OWM 

provided a written analysis documenting their support of the development of this item. The Committee 

recommends this as a Developing Item. Studies should continue until such time that sufficient evidence 

can be provided showing that these devices provide density values equivalent to those measured found 

using existing test methods.

At the 2022 SWMA Annual Meeting, Lisa Warfield (NIST OWM) commented on the ongoing review of 

the language and the amount time and effort input by the submitter. She believes this item is not ready 

for Voting status and that more work is still needed for inspector use. She recommended that NCWM 

develop a task group for this item. Ken Ramsburg (Maryland) also suggested and supports a task group 

to work on this item. 

There was a written update not accepted by the Committee due to its late submittal provided by the 

submitter that the Committee nor the floor was able to review before open hearings. The Committee 

wants the National L&R Committee and Membership to comment on the latest updated language. 

The Committee recommends this item as Informational with the updated language.

Northeastern Weights and Measures Association 

At the 2021 NEWMA Interim Meeting, Ron Hayes commented that this is a complete rewrite of a 

previously submitted proposal that the NCWM L&R Committee withdrew. This method, which has been 

used for several years in the liquid fuels and lubricants industry. He indicated the item is ready for Voting 

status. He will continue to communicate with OWM to work through the comments they included in their 

analysis of the item and will have all the edits and additions completed by the 2022 NCWM Interim 

Meeting. David Sefcik (NIST OWM) commented that NIST supports continued development of this item 

and to work with Ron Hayes to resolve any remaining questions. David Sefcik further commented that 
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these devices are being widely used in other countries in the verification of the net quantity of contents by 

legal metrology programs, but the U.S. has been slow to adopt them. He believes it would be valuable for 

states to do additional testing to provide sufficient evidence that these devices can provide density values 

equivalent to those found using existing NIST HB 130 test methods. This will also help move this from 

an audit test procedure to an actual test procedure. The Committee recommends the item be given 

Assigned status to an NCWM Task Group to elevate this to a Voting Item. Lisa Warfield commented that 

NCWM L&R Chair McGuire requests from the NCWM Chair to form a TG to develop this item. The 

Committee concurs that development of this item should be done through a TG. 

At the NEWMA 2022 Annual, David Sefcik noted that the current Item Under Consideration was 

provided to the National L&R one day before the NCWM Interim and significant updates and changes 

were done on this item. In addition, at the Interim in January, the L&R Committee made additional 

modifications. Recognized and commended the submitter and for working tirelessly to make changes on 

this item prior to the NCWM (2022) Interim Meeting. However, it is OWM’s belief that this item 

requires more time for the members to review and evaluate it. NIST OWM, and we believe others, need 

additional time to adequately consider the most recent version. This is a highly technical procedure! It is 

too important of an item not to spend the time to properly evaluate it. OWM asked its lab metrology staff 

to assist with a review of the proposal to help determine and assess any technical gaps. There is limited 

testing analysis provided by the submitter comparing the digital density meter to the current NIST 

Handbook 133 volumetric test procedure. Data on only four items were submitted which is insufficient to 

statistically validate results to ensure the test procedure will be defensible for use in official inspections. 

He reminded the NEWMA L&R Committee they had recommended previously a task group be formed 

for further development and OWM echoes this recommendation. Many regulators found it confusing 

when reading the proposed item. NEWMA L&R Committee recommends this item be Assigned to a 

newly formed portable digital density meter TG.

At the 2022 NEWMA Interim Meeting, Lisa Warfield commented that NIST OWM has submitted online 

comments and is working closely with the submitter, Ron Hayes as well as in-house. NIST believes the 

item could substantially improve the efficiency of inspectors but does not believe the item is ready for 

Voting status. Ron Hayes commented that he has been working with David Sefcik and has attempted to 

address every concern NIST has submitted to him. Ron Hayes has also submitted an updated version and 

has reinserted some additional data in a table that previously was not complete. He added RFID 

requirements to upload more methods (different products) which can be tested by the device. While he 

has worked with primarily one manufacturer, he has reached out to others who are slow to respond. Chair 

Sakin commented that he is concerned that the newest version has not been reviewed by the full 

membership. Lisa Warfield acknowledged that NIST had received Ron Hayes’ latest version for review. 

John McGuire (New Jersey) commended Ron Hayes for his work as well as NIST for purchasing new 

density meters to advance this item in the NIST lab. John McGuire recommends the item be given 

Assigned status to get additional data and work that needs to be completed. Walt Remmert (Pennsylvania) 

and Jim Cassidy (Massachusetts) concur. The Committee recommends that this item be given Assigned 

status so work can be completed to get the instrument in the field for use. The Committee recommends 

Assigned status for this item.

At the 2023 NEWMA Annual Meeting, Michael Keilty (Endress + Hauser Flow) asked the Chairman 

why the item was changed to Withdrawn. The Chairman noted that the submission has changed 

considerably since it was first proposed and there is still work to be done before it becomes a voting item. 

The NCWM L&R Chairman asked for volunteers to lead a Task Group at the NCWM Interim Meeting to 

no avail. The L&R Committee does not have the ability or where with all to continue the work and the 

submitter is no longer a member of NCWM. Since it is not ready to be a Voting item and it cannot be 

returned to the other and the committees is unable to find a champion, the only remaining status is 

Withdrawn.
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OTH – Other Items

OTH-07.1 D Fuels and Lubricants Subcommittee

Source: NCWM Fuels and Lubricants Subcommittee (FALS)

Submitter’s Purpose and Justification:

For more information or to provide comment, please contact the FALS Chair:

Vanessa Benchea

Florida Department of Agriculture and Consumer Services / Division of Consumer Services

(813) 868-8263, Vanessa.Benchea@fdacs.gov

Summary of Discussions and Actions:

This item is to provide a report on the activities of the Fuels and Lubricants Subcommittee (FALS) which 

reports and provides recommendations to the Laws and Regulations Committee.

FALS met on Sunday, January 08, 2023, at the 2023 NCWM Interim Meeting in Savannah, GA, to 

review items related to fuel and automotive fluid standards that appear on the L&R agenda. A brief 

update received from IFG Chair Johnson who is working on Item Block 6, an item currently assigned to 

FALS, was presented to the Subcommittee. There were also brief discussions of Item Block 1, Item 

Block 2, as well as FLR-23.3 and FLR-23.4. The following is a summary of the items discussed.

Item Block 6 Transmission Fluid Focus Group (B6: MOS-21.1. Section 2.36.2. Labeling and 

Identification of Transmission Fluid and B6: FLR-21.2. Section 3.14.1. Labeling and Identification 

of Transmission Fluid): This IFG was formed in 2020 because while the model regulation for 

transmission fluid in NIST Handbook 130 is sufficient, there is no licensing system for transmission fluid 

as there is with engine oils. Unable to attend the 2023 Interim meeting, IFG Chair Johnson reiterated the 

following statement in her update about the future path of the IFG: “The group has reached agreement 

that (1) designating transmission fluid “obsolete” is impractical for a variety of reasons, including lack of 

a comprehensive and consistent standards setting organization mechanism, and therefore the original 

amendment approach should no longer be pursued; and (2) that they should switch focus to developing 

other potential consumer protection language for labels. The latter, for instance, may involve exploring 

general references to checking one’s owner’s manual for transmission fluid recommendations.” She also 

added that “there may also be an issue with needing to distinguish EV transmission fluids from gear oil.”

Item Block 1 (B1) Renewable Diesel and Diesel: Chuck Corr gave a presentation on this item and 

during his discussion with the FALS he presented a holistic approach should be taken in this endeavor 

and that he intends to lead an Informal Focus Group to review all of HB 130 with the goal of the 

harmonizing the definitions of middle distillates. Shailesh Lopes (General Motors) encouraged any work 

group include labeling considerations when determining definitions.

Item Block 2 (B2) Gasoline: Chuck Corr presented language for Item Block 2 to the Subcommittee, 

which included suggested changes from the CWMA, Marilyn Herman (Herman and Associates) and other 

various parties that were consulted with harmonizing Sections 2.20.2 and 3.2.5. Chuck Corr presented a 

change to use volume % instead of mass % in section 2.20.2 in which there was no opposition. Chuck 

Corr believed this item was fully developed and ready for a voting status and FALS concurred. During 
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this discussion Marilyn Herman reiterated the broader need for consistency throughout the NIST 

Handbooks regarding how federal regulations are cited. Bill Striejewske commented he related to the 

L&R Committee that the issue was broader than a FALS issue.

FLR-23.3 Section 2.20 Hydrogen Fuel - The proposed change to this section would add an additional 

standard, ISO 14687 Grade (D) “Hydrogen fuel quality – Product specification”, which could cause some 

difficulty for regulators to adopt and cause confusion as to which standard to follow since there could be 

“Harmonization Gap” between the two referenced standards when they are not aligned. The consensus 

from the group was that there was agreement that one standard should be referenced, and that 

stakeholders and suppliers should be consulted for direction on which standard was more appropriate. 

Kevin Schnepp recommended Informational status and suggested getting input from other OEMs and 

industry members. Lisa Warfield (OWM) clarified that Grade D would be specific to road vehicles only.

FLR-23.4 Section 4.3. Dispenser Filters – Kevin Schnepp commented that he supports FLR 23.4 and 

felt it was ready for voting status. There were no objections heard from the FALS, except that NIST 

believed the change did not belong in the subsection 4.3.1 Engine Fuel Dispensers proposed, but rather in 

a newly subsection 4.3.3. Chuck Corr suggested that instead of creating a subsection for this single item, 

changing the engine fuels definition to include fuel cells to generate electricity might be more appropriate. 

FALS Standard Operating Procedures: During discussion of old business Kristi Moore (Growth 

Energy) requested a status update of the FALS Standard Operation Procedures (SOP). Bill Striejewski

(previous FALS Chair) stated that recommendations and changes discussed at the FALS meeting held at 

the 2022 NCWM Annual meeting had been incorporated and is now the current version which will be 

posted to the website for the FALS to view. There was also clarification that the FALS can continue to 

operate under this SOP and this item will be removed from the Board of Director’s agenda.

Regional Association Reporting: 

Western Weights and Measures Association

At the 2022 WWMA Annual Meeting they thanked FALS for their report.

Central Measures Association 

At the 2022 CWMA Interim Meeting, Mike Harrington (Iowa and FALS member) commented there has

not been any activity since the Annual Meeting.

OTH-11.1 D Packaging and Labeling Subcommittee

Source: NCWM Packaging and Labeling Subcommittee (PALS) 

Submitter’s Purpose and Justification:

Provide an update of the activities of this Subcommittee which reports to the L&R Committee. The 

mission of PALS is to assist the L&R Committee in the development of agenda item, NCWM positions 

and new standards related to packaging and labeling. The Subcommittee will also be called upon to 

provide important and much needed guidance to the regulatory and consumer packaging communities on 

difficult questions. PALS will report to NCWM L&R Committee. The Subcommittee is comprised of a 

Chair, eight voting members, and anyone interested in packaging and labeling standards.
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This item is to provide a report on the activities of the PALS which reports and provides 

recommendations to the Laws and Regulations Committee.

For more information or to provide comment, please contact the PALS Chair:

Chris Guay (CGGT)

513-652-6597, guay.cb@gmail.com
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Summary of Discussions and Actions:

At the 2021 NCWM Annual Meeting, PALS reviewed a developing draft regulation pertaining to 

websites which offer products for sale through e-commerce, and to products which are sold and delivered 

because of an e-commerce purchase. PALS received comments from those in attendance at the PALS 

work session and they believe the next step should be to forward this proposal to regions for broader 

stakeholder review and comment. PALS plans to submit a proposal for this item to obtain comments at 

the 2021 Fall Regional Association Meetings.

At the NCWM 2022 Annual Meeting, the Committee heard from PALS Chair Guay who gave an 

overview on the plan to address the recommendations the Committee made at the 2022 Interim Meeting. 

The Weights and Measures Law, Section 11. Powers and Duties was added to the original proposal, but in 

accordance with NCWM policies, PALS was informed any change must be submitted on a NCWM Form 

15 to be considered.

At the 2023 NCWM Interim Meeting, Chair Guay conducted a detailed review of the status and next steps 

for the proposed e-commerce regulation on the L&R agenda (see OTH-22.1.) PALS confirmed the only 

further comments received by any member were minor edits suggested by OWM in mid-December. 

PALS reviewed the edits to determine which should be brought before the Committee during open 

hearings and included in the reporting out of the NCWM Annual Meeting. Based on all member input, 

PALS will recommend the e-commerce proposal for Voting status. 

PALS has a video meeting scheduled with the U.S. Federal Trade Commission (FTC) to provide them 

with and overview of NCWM, PALS, and the e-commerce proposal. 

PALS will focus its efforts on continued outreach on the e-commerce proposal and to finalize an NCWM 

best practice document on the topic of quantity-related statements appearing on a package principal 

display panel (PDP) 

Regional Association Reporting: 

Central Weights and Measures Association

At the 2022 CWMA Interim Meeting, PALS Chair Guay commented PALS has been working to establish 

consistency between the handbooks and the Fair Packaging and Labeling Act. PALS is providing 

comments to federal agencies when and where appropriate. 
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Item Block 1 (B1) Renewable Diesel and Diesel

B1: MOS-23.1 A Sections 2.31. Biodiesel and biodiesel Blends that Contain Greater Than or 

Equal to 21 % by Volume Biodiesel. and 2.40. Diesel Fuel.

B1: FLR-23.1 A Sections 1.9. Biodiesel Blend., 1.27. Fuel Oil., 1.XX. Renewable Diesel., 

3.3.2. Automotive Fuel Rating., 3.15. Biodiesel and Biodiesel Blends 

Containing Greater than 20 % by Volume Biodiesel. 

Source: CC Consulting, LLC 

Submitter’s Purpose and Justification:

Further refine and provide clarity to the changes related to biodiesel made at the 2022 NCWM Annual 

meeting. This proposal also includes needed updates related to renewable diesel. The proposal also 

includes important information related to renewable diesel. The submitter recognizes that some may 

think no changes are needed. 

Table 2. Summary of Recommendations

Item Block 1 (B1)– Renewable Diesel and Diesel

Status Recommendation Note* Comments

Submitter Assigned

OWM Assigned

WWMA Developing

NEWMA Assigned

SWMA Developing

CWMA Assigned

NCWM Assigned

*Notes Key:

1 Submitted modified language

2 Item not discussed

3 No meeting held

4 Not submitted on agenda

5 No recommendation or not considered

Item Under Consideration:

Amend Handbook 130, Uniform Regulation for the Method of Sale of Commodities as follows: 

2.31. Biodiesel and Biodiesel Blends that contain greater than or equal to 21 % by volume 

biodiesel. 

2.31.1. Identification of Product. – Biodiesel shall be identified by the term “Biodiesel” with 

the designation “B100.” Biodiesel Blends that contain greater than 20 % by volume biodiesel

shall be identified by the term “Biodiesel Blend.” 

2.31.2. Labeling of Retail Dispensers. 
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2.31.2.1. Labeling of Grade Required. – Biodiesel and biodiesel blends that contain 

greater than 20 % by volume biodiesel shall be identified in accordance with both EPA and 

FTC requirements.

2.31.2.2. Automotive Fuel Rating. – Biodiesel and biodiesel blends shall be labeled with 

its automotive fuel rating in accordance with 16 CFR 306. 

2.31.2.3. Biodiesel Blends. – When biodiesel blends greater than 20 % by volume are 

offered by sale, each side of the dispenser where fuel can be delivered shall have a label 

conspicuously placed that states “Consult Vehicle Manufacturer Fuel Recommendations.” 

The lettering of this legend shall not be less than 6 mm (1/4 in) in height by 0.8 mm (1/32 in) 

stroke; block style letters and the color shall be in definite contrast to the background color to 

which it is applied. 

2.31.3. Documentation for Dispenser Labeling Purposes. – The retailer shall be 

provided, at the time of delivery of the fuel, a declaration of the volume percent biodiesel on 

an invoice, bill of lading, shipping paper, or other document. This documentation is for 

dispenser labeling purposes only; it is the responsibility of any potential blender to determine 

the amount of biodiesel in the diesel fuel prior to blending. 

2.31.4. Exemption. – Biodiesel blends that contain less than or equal to 5 % biodiesel 

by volume are exempt from the requirements of Sections 2.31.1. Identification of 

Product, 2.31.2. Labeling of Retail Dispensers, and 2.31.3. Documentation for Dispenser 

Labeling Purposes when it is sold as diesel fuel. 

(Added 2008) (Amended 2022, and 20XX) 

2.40. Diesel Fuel. – Shall meet the following requirements, based on the biodiesel concentration of the 

fuel: 

(a) Diesel fuel that contains less than or equal to 5 % by volume biodiesel shall meet the latest 

version of ASTM D975, “Standard Specifications for Diesel Fuels” and shall be sold as diesel 

fuel. 

(b) Diesel fuel that contains greater than or equal to 6 % by volume biodiesel and that contains less 

than or equal to 20 % by volume shall meet the latest version of ASTM D7467, “Standard 

Specifications for Diesel Fuel Oil, Biodiesel Blend (B6 to B20).” 

(c) Only fuel additive registered with the U.S. EPA may be used to additize diesel fuel, and the final 

product shall meet the latest version of ASTM D975 and/or ASTM D7467. 

2.40.1. Premium Diesel Fuel. – All diesel fuels identified on retail dispensers as premium, super, 

supreme, or premier must conform to the following minimum requirements. 

(a) Cetane Number. – A minimum cetane number of 47.0 as determined by the latest version of 

ASTM D613, “Standard Test Method for Cetane Number of Diesel Fuel Oil.” 

NOTE: ASTM D613, “Standard Test Method for Cetane Number of Diesel Fuel Oil” is the 

referee method; however, the following methods can be used to determine cetane number: the 

latest version of ASTM D6890, “Standard Test Method for Determination of Ignition Delay 

and Derived Cetane Number” (DCN) of Diesel Fuel Oils by Combustion in a Constant 

Volume Chamber”; and ASTM D7668, “Standard Test Method for Determination of Derived 
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Cetane Number (DCN) of Diesel Fuel Oils–Ignition Delay and Combustion Delay Using a 

Constant Volume Combustion Chamber Method.” 

(b) Low Temperature Operability. – A cold flow performance measurement which meets the 

latest version of ASTM D975, “Standard Specification for Diesel Fuel,” tenth percentile 

minimum ambient air temperature charts and maps by the latest version of either ASTM 

D2500, “Standard Test Method for Cloud Point of Petroleum Products and Liquid Fuels” or 

ASTM Standard D4539, “Standard Test Method for Filterability of Diesel Fuels by LowTemperature Flow Test (LTFT).” The latest version of ASTM D6371, “Standard Test 

Method for Cold Filter Plugging Point of Diesel and Heating Fuels” may be used when the 

test results are a maximum of 6 °C below the Cloud Point. Low temperature operability is 

only applicable October 1 to March 31 of each year. 

(c) Lubricity. – A maximum wear scar diameter of 460 micrometers as determined by the latest 

version ASTM D6079, “Standard Test Method for Evaluating Lubricity of Diesel Fuels by 

the High-Frequency Reciprocating Rig (HFRR).” 

NOTE: The latest version of ASTM D6079, “Standard Test Method for Evaluating Lubricity 

of Diesel Fuels by the High-Frequency Reciprocating Rig (HFRR)” is the referee method; 

however, the latest version of ASTM D7688, “Standard Test Method for Evaluating Lubricity 

of Diesel Fuels by the High-Frequency Reciprocating Rig (HFRR) by Visual Observation” 

can be used. 

(d) Corrosion. – A minimum rating of B+ as determined by the most recent version of NACE 

TM0172, “Determining Corrosive Properties of Cargoes in Petroleum Product Pipelines.” 

NOTE: The latest recent version of NACE TM0172 “Determining Corrosive Properties of 

Cargoes in Petroleum Product Pipelines” is the referee method. The latest version of ASTM 

D7548 “Standard Test Method for Determination of Accelerated Iron Corrosion in Petroleum 

Products” can be used. 

(e) Filter Blocking Tendency (FBT) – A maximum of 2.2 by the latest version of ASTM 

D2068, “Standard Test Method for Determining Filter Blocking Tendency”, following 

procedure B. 

(f) Injector Deposit Control. – Maximum power loss in keep-clean mode of 2 % by the latest 

version of Coordinating European Council, CEC F-98-08, “Direct Injection, Common Rail 

Diesel Engine Nozzle Coking Test.” 

2.40.2. Use of Other Diesel Terminology. – For any terms other than premium, super, supreme, 

or premier included in the diesel fuel product or grade name and/or advertisements and claims 

displayed on dispensers, pump toppers, pole signs and bollard signs which imply improved 

performance, the product must have a clearly-defined fuel property with a substantiated functional 

benefit. Such property must be measurable utilizing industry accepted test methodologies developed 

by recognized standards organizations such as ASTM, SAE, and CEC to allow verification of the 

improved performance. 

2.40.3 Labeling requirements – Diesel fuel containing more than 5 % by volume of biodiesel 

or more than 5 % by volume of renewable diesel shall be identified in accordance with both 

EPA and FTC requirements. 

(Added 2021) (Amended 20XX)
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B1: FLR-23.1 – Sections 1.9. Biodiesel Blend., 1.27. Fuel Oil., 1.XX. Renewable Diesel., 3.3.2. 

Automotive Fuel Rating., 3.15. Biodiesel and Biodiesel Blends Containing Greater than 20 % by 

Volume Biodiesel 

Section 1. Definition 

1.8. Biodiesel. – A fuel comprised of at least 99 % by volume mono-alkyl esters of long chain fatty 

acids derived from vegetable oils or animal fats, designated B100 or B99. 

(Amended 2018) 

1.9. Biodiesel Blend. – A fuel comprised of a blend of biodiesel with hydrocarbon diesel fuel and 

containing greater than 20 % by volume biodiesel. 

(Amended 2018, and 20XX) 

1.15. Diesel Fuel. – A refined hydrocarbon suitable for use as a fuel in a compression-ignition (diesel) 

internal combustion engine that may contain a combination of biodiesel, renewable diesel, and fuel 

additives. 

(Amended 2018) 

1.27. Fuel Oil. – Refined oil middle distillates, heavy distillates, or residues of refining, or blends of 

these, suitable for use as a fuel for heating or power generation. The fuel may be refined from 

petroleum or biomass and may contain biodiesel and fuel additives.

1.56. Wholesale Purchaser Consumer. – Any person who is an ultimate consumer of gasoline, fuel 

methanol, ethanol flex fuel, diesel fuel, biodiesel, biodiesel blends, fuel oil, kerosene, aviation turbine 

fuels, natural gas, compressed natural gas, or liquefied petroleum gas and who purchases or obtains the 

product from a supplier and receives delivery of that product into a storage tank. 

(Added 1998) (Amended 1999 and 2014) 

1.XX. Renewable Diesel. – A refined middle distillate hydrocarbon produced from biomass and 

suitable for use as a fuel in a compression-ignition (diesel) internal combustion engine.

(Added 20XX)

Section 2. Standard Specifications 

2.2. Diesel Fuel. – Shall meet the following requirements, based on the biodiesel concentration of the 

fuel: 

(a) Diesel fuel that contains less than or equal to 5 % by volume biodiesel shall meet the latest 

version of ASTM D975, “Standard Specifications for Diesel Fuels” and shall be sold as diesel 

fuel. 

(b) Diesel fuel that contains greater than or equal to 6 % by volume biodiesel and that contains less 

than or equal to 20 % by volume shall meet the latest version of ASTM D7467, “Standard 

Specifications for Diesel Fuel Oil, Biodiesel Blend (B6 to B20).” 

(c) Only fuel additive registered with the U.S. EPA may be used to additize diesel fuel, and the final 

product shall meet the latest version of ASTM D975 and/or ASTM D7467. 

(Amended 2003 and 2018) 
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2.2.1. Premium Diesel Fuel. – All diesel fuels identified on retail dispensers as premium, super, 

supreme, or premier must conform to the following minimum requirements: 

(a) Cetane Number. – A minimum cetane number of 47.0 as determined by the latest version of 

ASTM D613, “Standard Test Method for Cetane Number of Diesel Fuel Oil.” 

NOTE: ASTM D613, “Standard Test Method for Cetane Number of Diesel Fuel Oil” is the 

referee method; however, the following methods can be used to determine cetane number: the 

latest version of ASTM D6890, “Standard Test Method for Determination of Ignition Delay and 

Derived Cetane Number” (DCN) of Diesel Fuel Oils by Combustion in a Constant Volume 

Chamber”; and ASTM D7668, “Standard Test Method for Determination of Derived Cetane 

Number (DCN) of Diesel Fuel Oils—Ignition Delay and Combustion Delay Using a Constant 

Volume Combustion Chamber Method.” 

(Note added 2019) 

(b) Low Temperature Operability. – A cold flow performance measurement which meets the latest 

version of ASTM D975, “Standard Specification for Diesel Fuel,” tenth percentile minimum 

ambient air temperature charts and maps by the latest version of either ASTM D2500, “Standard 

Test Method for Cloud Point of Petroleum Products and Liquid Fuels” or ASTM D4539, 

“Standard Test Method for Filterability of Diesel Fuels by Low Temperature Flow Test, (LTFT).”

The latest version of ASTM D6371, “Standard Test Method for Cold Filter Plugging Point of 

Diesel and Heating Fuels” may be used when the test results are a maximum of 6 °C below the 

Cloud Point. Low temperature operability is only applicable October 1 to March 31 of each year. 

(c) Lubricity. – A maximum wear scar diameter of 460 micrometers as determined by the latest 

version ASTM D6079, “Standard Test Method for Evaluating Lubricity of Diesel Fuels by the 

High-Frequency Reciprocating Rig (HFRR).”

NOTE: The latest version of ASTM D6079, “Standard Test Method for Evaluating Lubricity of 

Diesel Fuels by the High-Frequency Reciprocating Rig (HFRR)” is the referee method; however, 

the latest version of ASTM D7688, “Standard Test Method for Evaluating Lubricity of Diesel 

Fuels by the High-Frequency Reciprocating Rig (HFRR) by Visual Observation” can be used. 

(Note added 2019) 

(d) Corrosion. – A minimum rating of B+ as determined by the latest version of NACE TM0172, 

“Determining Corrosive Properties of Cargoes in Petroleum Product Pipelines.” 

NOTE: The latest version of NACE TM0172 “Determining Corrosive Properties of Cargoes in 

Petroleum Product Pipelines” is the referee method. The latest version of ASTM D7548 

“Standard Test Method for Determination of Accelerated Iron Corrosion in Petroleum Products” 

can be used. 

(Added 2019) 
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(e) Filter Blocking Tendency (FBT). – A maximum of 2.2 by the latest version of ASTM D2068, 

“Standard Test Method for Determining Filter Blocking Tendency”, following procedure B. 

(Added 2019) 

(f) Injector Deposit Control. – Maximum power loss in keep-clean mode of 2 % by the latest 

version of Coordinating European Council, CEC F-98-08, “Direct Injection, Common Rail Diesel 

Engine Nozzle Coking Test.” 

(Added 2019)

2.2.2. Use of Other Diesel Terminology. – For any terms other than premium, super, supreme, or 

premier included in the diesel fuel product or grade name and/or advertisements and claims displayed 

on dispensers, pump toppers, pole signs and bollard signs which imply improved performance, the 

product must have a clearly-defined fuel property with a substantiated functional benefit. Such 

property must be measurable utilizing industry accepted test methodologies developed by recognized 

standards organizations such as ASTM, SAE, and CEC to allow verification of the improved 

performance. 

(Added 2019) 

(Amended 2003 and 2019) 

2.5. Fuel Oils. – Shall meet the latest version of ASTM D396, “Standard Specification for Fuel Oils.” 

2.6. Kerosene (Kerosine). – Shall meet the latest version of ASTM D3699, “Standard Specification for 

Kerosine.” 

2.17. Biodiesel Blendstock. – Biodiesel intended for blending with diesel fuel shall meet the latest 

version of ASTM D6751, “Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle 

Distillate Fuels.” Any blend stock less than 99 % by volume biodiesel (no more than 1 % by volume 

diesel fuel). Any blend stock less than 99 % by volume shall not be used as a commercial blend stock for 

biodiesel blends without the permission of the Director. 

(Added 2004) (Amended 2018)

Section 3. Classification and Labeling for Sale.

3.1. General Considerations. 

3.1.1. Documentation. – When products regulated by this rule are sold, an invoice, bill of lading, 

shipping paper, or other documentation must accompany each delivery other than a retail sale. This 

document must identify the quantity, the name of the product, the particular grade of the product, the 

applicable automotive fuel rating, and oxygenate type and content (if applicable), the name and 

address of the seller and buyer, and the date and time of the sale. Documentation must be retained at 

the retail establishment for a period not less than one year. 

(Amended 2008) 

3.1.2. Retail Dispenser Labeling. – All retail dispensing devices must identify conspicuously the 

type of product (exception: gasoline and gasoline-oxygenate blends), the particular grade of the 

product (exception: No. 2 Diesel), and the applicable automotive fuel rating. 

(Amended 2018)
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3.1.3. Grade Name. – The sale of any product under any grade name that indicates to the purchaser 

that it is of a certain automotive fuel rating or ASTM grade shall not be permitted unless the 

automotive fuel rating or grade indicated in the grade name is consistent with the value and meets the 

requirements of Section 2, Standard Specifications. 

3.1.4. Nozzle Requirements for Automotive Gasoline, Gasoline-Oxygenate Blends, and Diesel 

Fuel Dispensers. – Each retail dispensing device from which fuel products are sold shall be equipped 

with a nozzle spout having a diameter that conforms with the latest version of SAE J285, “Dispenser 

Nozzle Spouts for Liquid Fuel Intended for Use with Spark-Ignition and Compression Ignition 

Engines.” 

(Added 2018) 

(Amended 2018) 

3.3. Diesel Fuel. 

3.3.1. Labeling of Grade Required. – Diesel Fuel other than No 2-D shall be identified by grade. 

(Amended 2018) 

3.3.2. Automotive Fuel Rating. – Diesel fuel containing 6 % to 20 % by volume biodiesel and/or 

containing 6 % or greater renewable diesel shall be labeled with its automotive fuel rating in 

accordance with the FTC “Automotive Fuel Ratings, Certification and Posting Rule,” 16 CFR 306. 

(Added 2018) 

3.3.3. Delivery Documentation for Premium Diesel. – Before or at the time of delivery of 

premium diesel fuel, the retailer or the wholesale purchaser-consumer shall be provided on an 

invoice, bill of lading, shipping paper, or other documentation a declaration of all performance 

properties that qualifies the fuel as premium diesel fuel as required in Section 2.2.1. Premium Diesel 

Fuel. 

(Added 1998) (Amended 1999) 

(Amended 1998, 1999, 2008, 2012, and 2018) 

3.6. Fuel Oils.

3.6.1. Labeling of Grade Required. – Fuel Oil shall be identified by the grades contained in the 

latest version of ASTM D396, “Standard Specification for Fuel Oils.” 

(Amended 2018) 

3.6.2. Retail Fuel Oil. – Dispensers shall display the following legend: 

“Warning – Not Suitable for Use in Unvented Heaters Requiring No. 1-K Kerosene.” 

The lettering of this legend shall not be less than 12.7 mm (1

/2 in) in height by 1.5 mm (1/16 in) strokes 

(width of type), block style letters, and the color of lettering shall be in definite contrast to the 

background color to which it is applied. 

(Added 2018) 

(Amended 2008 and 2018) 

3.15. Biodiesel and Biodiesel Blends containing greater than 20 % by volume biodiesel. 
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3.15.1. Identification of Product. – Biodiesel Blendstock shall be identified by the term 

“biodiesel” with the designation “B100” or “B99.” 

(Amended 2018) 

3.15.2. Labeling of Retail Dispensers. 

3.15.2.1. Labeling of Grade Required. – Biodiesel shall be identified by the grades No. 1-B 

S15, or No. 1-B S500, No. 2-B S15, or No. 2-B S500. 

(Amended 2018) 

3.15.2.2. Automotive Fuel Rating. – Fuels meeting the above requirements and/or including 

greater than 5 % renewable diesel Biodiesel and biodiesel blends diesel shall be labeled with 

its automotive fuel rating in accordance with the FTC Automotive Fuel Ratings, Certification and 

Posting Rule, 16 CFR 306. 

(Amended 2018) 

3.15.2.3. Biodiesel Blends. – When biodiesel blends greater than 20 % by volume are offered by 

sale, each side of the dispenser where fuel can be delivered shall have a label conspicuously 

placed that states “Consult Vehicle Manufacturer Fuel Recommendations.” The lettering of this 

legend shall not be less than 6 mm (1/4 in) in height by 0.8 mm (1/32 in) stroke; block style 

letters and the color shall be in definite contrast to the background color to which it is applied. 

3.15.3. Documentation for Dispenser Labeling Purposes. – The retailer shall be provided, at the 

time of delivery of the fuel, a declaration of the volume percent biodiesel on an invoice, bill of lading, 

shipping paper, or other document. This documentation is for dispenser labeling purposes only; it is 

the responsibility of any potential blender to determine the amount of biodiesel in the diesel fuel prior 

to blending. 

3.15.4. Exemption. – Biodiesel blends that contain less than or equal to 5 % biodiesel by 

volume are exempted from the requirements of Sections 3.15.1. Identification of Product, 

3.15.2. Labeling of Retail Dispensers, and 3.15.3. Documentation for Dispenser Labeling 

Purposes when it is sold as “diesel fuel” as required in Section 3.3. Diesel Fuel. 

(Added 2005) (Amended 2008 and 2018, and 20XX) 

Section 4. Retail Storage Tanks and Dispenser Filters 

4.1. Water in Gasoline-Alcohol Blends, Biodiesel Blends, Ethanol Flex Fuel, Aviation Gasoline, 

and Aviation Turbine Fuel. – No water phase greater than 6 mm (1/4 in) as determined by an 

appropriate detection paste or other acceptable means, is allowed to accumulate in any tank utilized in the 

storage of gasoline-alcohol blend, biodiesel, biodiesel blends, ethanol flex fuel, aviation gasoline, and 

aviation turbine fuel. 

(Amended 2008, 2012, and 2014) 

4.2. Water in Gasoline, Diesel, Gasoline-Ether, and Other Fuels. – Water shall not exceed 25 mm 

(1 in) in depth when measured with water indicating paste or other acceptable means in any tank utilized 

in the storage of diesel, gasoline, gasoline-ether blends, and kerosene sold at retail except as required in 

Section 4.1. Water in Gasoline-Alcohol Blends, Biodiesel Blends, Ethanol Flex Fuel, Aviation Gasoline, 

and Aviation Turbine Fuel. 

(Amended 2008, 2012, and 2014) 
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4.3. Dispenser Filters.

4.3.1. Engine Fuel Dispensers. 

(a) All gasoline, gasoline-alcohol blends, gasoline-ether blends, ethanol flex fuel, and M85 

methanol dispensers shall have a 10 micron or smaller nominal pore-sized filter. 

(b) All biodiesel, biodiesel blends, diesel, and kerosene dispensers shall have a 30 micron or 

smaller nominal pore-sized filter. 

(Amended 2014)

NIST OWM Detailed Technical Analysis:

NIST OWM looks forward to reviewing the work of FALS

Summary of Discussions and Actions:

At the 2023 NCWM Interim Meeting, the Committee designated an Assigned status to this block as it 

continues its development at the FALS subcommittee.

Regional Association Reporting: 

Western Weights and Measures Association

At the 2022 WWMA Annual Meeting, Rebecca Richardson (Clean Fuels Alliance America), supported 

continued development of this item. Kevin Schnepp (CDFA DMS) proposed several changes:

• There are no current ASTM fuel quality standards for biodiesel, diesel blends greater than 20 %. 

This section would imply that there is. 

• Deletion of 2.31.2.2. I do not see a need for this deletion.

• Deletion of 2.31.4. Exemption. I do not see a need for this deletion. This section clarifies that 

biodiesel, diesel blends less than 5 % as considered diesel fuel. 

• Addition of 2.40.3 Labeling requirements: The FTC is covered in 2.31.2.2. If that section is 

deleted, then this requirement would be necessary.

B1: FLR-23.1

• 1.9. Biodiesel Blend. There are no current ASTM fuel quality standards for biodiesel, diesel 

blends greater than 20 %. This section would imply that there is.

• 1.27. Fuel Oil. This is consistent with ASTM D396.

• 1.XX. Renewable Diesel. This is a weak definition that needs to be worked on.

• 3.3.2. Automotive Fuel Rating. – This is consistent with 16CRF306.
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• 3.15. Biodiesel and Biodiesel Blends containing greater than 20 % by volume biodiesel. This is 

attempting to establish biodiesel blends greater than 20 % by volume.

• 3.15.2.1. Labeling of Grade Required. This Fixes a miss B-2 S15 grade label.

• 3.15.2.2. Automotive Fuel Rating. This is the FTC requirement.

• 3.15.2.3. Biodiesel Blends. This section was not modified but I recommend that it be removed as 

there is no fuel quality standard for greater than 20 % biodiesel, diesel blends.

• 3.15.4. Exemption. – This is consistent with 16 CFR 306.

Based on testimony heard regarding this item not being fully developed, the WWMA L&R Committee 

recommends this item be assigned Developing status. 

Central Weights and Measures Association

At the 2022 CWMA Interim Meeting, Chuck Corr (Iowa RFA and submitter) reviewed the changes 

which he indicated are an extension to what was changed and approved at the 2022 NCWM Annual 

Meeting. Tamara Paik (Marathon) commented she sees small differences between FTC rules, and this 

proposed item. She believes there should be more consistency between the two. Prentiss Searles (API) 

commented that there are some changes that can be made including consistent reference to CFR in section 

3.3.2. (Citation references which Chuck Corr considers as editorial in nature). Mike Harrington (Iowa) 

commented he supports the item and indicated Iowa has passed legislation to incentivize B30 so higher 

blends are coming to the marketplace. Scott Fenwick (Clean Fuels Alliance America) commented he is 

supportive of the concept and supports consistent language and uniformity with citations throughout the 

Handbook. Mike Harrington also supports alignment and consistency across various sections of 

Handbook 130 as well as with FTC. The Committee believes that comments made regarding lack of 

consistency between FTC rules, EPA rules and what appears in the handbook are valid and should be 

further developed.

At the 2023 CWMA Annual Meeting, Chuck Corr commented that the item is assigned to FALS which 

has formed a focus group that will make a presentation in July at the FALS meeting.

Southern Weights and Measures Association

At the 2022 SWMA Annual Meeting, Randy Jennings (Clean Fuels) commented that he is generally in 

support of the items submitted and would like to see it go forward in some fashion. Speaking on his own 

behalf, he would like to suggest an amendment to the definition for diesel fuel to align with the recently 

updated ASTM D975. 

Joe Sorena (Chevron) recommends the item remain in development and L&R consider alternate wording 

proposed concerning the concept of redefining the bio diesel blend containing greater than 20 %, as it is 

inconsistent with D7467 and will contribute to customer confusion. 

Matthew Curran (Florida) commented he spoke with Chuck Corr regarding this item. Conceptually, 

approves this section. Inconsistencies were described found in the titles of MOS-23.1 and FLR-23.1 and 

a recommendation for clearer titles was made. He recommends in 2.31.2.1 verbiage is added to the 

specific EPA and FTC requirements.
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Randy Jennings (Clean Fuels) suggested to form a focus group within FALS with Chuck Corr to lead and 

move this item forward. 

The Committee corrected the title as follows:

Sections 2.231. Biodiesel and biodiesel Blends that Contain Greater Than or Equal to 21 % by 

Volume Biodiesel. and 2.40. Diesel Fuel. 

The Committee agrees that this item needs more development and recommends this as a Developing Item 

on the NCWM Agenda.

Northeastern Weights and Measures Association 

At the 2022 NEWMA Interim Meeting, Rebecca Richardson (Clean Fuels Alliance America) commented 

that she supports the item moving forward with an Assigned status and recommends L&R refer it to 

FALS for further development. Jim Willis (New York) concurs. The Committee recommends Assigned 

status for this item. 

At the 2023 NEWMA Annual Meeting, Rebecca Richardson offered an update on behalf of FALS stating 

that Chuck Corr who will have an update ready for the NCWM Annual Meeting in July. The Committee 

recommends this as an Assigned item.

Item Block 2 (B2) Gasoline 

B2: MOS-23.2 V Section 2.20 Gasoline and Gasoline-Oxygenate Blends

B2: FLR-23.2 V Sections 2.1. Gasoline-Oxygenate Blends, 3.2. and Automotive Gasoline 

and Automotive Gasoline-Oxygenate Blends (Including Racing Gasoline).

Source: CC Consulting, LLC

Submitter’s Purpose and Justification:

Properly align the text with the EPA regulation citations approved at the 2022 annual meeting. These 

changes are important to retailers as all of these fuels are now subject to the EPA survey program. The 

current text of this section misrepresents the contents of the EPA regulations cited. Some may see this as 

an unnecessary change. A careful review of the EPA regulation should resolve this concern. 

NIST OWM Executive for Item Block 2 (B2)– Gasoline

NIST OWM Recommendation: OWM believes that clarification is needed 3.2.5.(b) that offers 

clarification as to what the submitter is recommending (appears below). OWM does concur with the 

recent June 28, 2023 submission to FALS for modifications to the language in the MOS 23.2 and FALS 

FLR-23.2. with the exception of Section 3.2.5.(b). 

3.2.5. Product Transfer Document (PTD) Requirements 

.....
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(cb) Gasoline For fuels containing more than 0.3 % by volume methanol a declaration shall 

be identified as “with” or “containing” methanol.

(Added 2014) (Amended 2018 and 20XX) 

Table 2. Summary of Recommendations

Item Block 2. (B2) – Gasoline

Status Recommendation Note* Comments

Submitter

OWM Voting 1 Section 3.2.5.(b)

WWMA Developing

NEWMA Voting

SWMA Developing

CWMA Voting

NCWM Voting

*Notes Key:

1 Submitted modified language

2 Item not discussed

3 No meeting held

4 Not submitted on agenda

5 No recommendation or not considered

Item Under Consideration:

B2: MOS-23.2 V Section 2.20 Gasoline and Gasoline-Oxygenate Blends 

Amend Handbook 130 Uniform Regulation for the Method of Sale of Commodities as follows: 

B2: MOS-23.2 Section 2.20. Gasoline and Gasoline-Oxygenate Blends.

Item Under Consideration:

Amend Handbook 130 Uniform Regulation for the Method of Sale of Commodities as follows: 

2.20. Gasoline and Gasoline-Oxygenate Blends.

2.20.1. Method of Retail Sale. – Type of Oxygenate must be Disclosed. – All automotive 

gasoline or automotive gasoline-oxygenate blends kept, offered, or exposed for sale, or sold at 

retail containing at least 1.5 mass percent oxygen shall be identified as “with” or “containing” (or 

similar wording) the predominant oxygenate in the engine fuel. For example, the label may read 

“contains ethanol” or “with MTBE.” The oxygenate contributing the largest mass percent oxygen 

to the blend shall be considered the predominant oxygenate. Where mixtures of only ethers are 

present, the retailer may post the predominant oxygenate followed by the phrase “or other ethers” 

or alternatively post the phrase “contains MTBE or other ethers.” In addition, gasoline-methanol 

blend fuels containing more than 0.15 mass percent oxygen from methanol shall be identified as 

“with” or “containing” methanol. This information shall be posted on the upper 50 % of the 
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dispenser front panel in a position clear and conspicuous from the driver’s position in a type at 

least 12.7 mm (1/2 in) in height, 1.5 mm (1/16 in) stroke (width of type). 

(Amended 1996) 

2.20.2. Product Transfer Document (PTD) Requirements. Documentation for Dispenser 

Labeling The retailer shall be provided information that complies with 40 CFR 1090.1110, 

“PTD requirements for gasoline, gasoline additives, and gasoline regulated blendstocks”, at 

the time of delivery of the fuel, on product transfer documents such as an invoice, bill of lading, 

shipping paper, or other documentation. Additional declarations may be required for specific 

fuels: 

(a) Information that complies with 40 CFR 1090.110 when the fuel contains ethanol. 

(a) (b) For fuels containing multiple oxygenates or oxygenates other than ethanol that do 

not contain ethanol, information that complies with 40 CFR 1090.1110 and a declaration 

of the predominant oxygenate or combination of oxygenates present in concentrations 

sufficient to yield an oxygen content of at least 1.0 % by volume 1.5 mass percent in the 

fuel. Where mixtures of only ethers are present, the fuel supplier may identify either the 

predominant oxygenate in the fuel (i.e., the oxygenate contributing the largest mass percent 

oxygen) or alternatively, use the phrase “contains MTBE or other ethers.” 

(b) (c) Gasoline For fuels containing more than 0.3 % by volume 0.15mass percent oxygen 

from methanol a declaration identifying the fuel shall be identified as “with” or 

“containing” methanol. 

(Added 1984) (Amended 1985, 1986, 1991, 1996, 2014 and 2022, and 20XX) 

2.20.3. EPA Labeling Requirements. – Retailers and wholesale purchaser-consumers of 

gasoline shall comply with the EPA pump labeling requirements for gasoline containing greater 

than 10 volume percent (v%) up to 15 volume percent (v%) ethanol (E15) under 40 CFR 

1090.1510, “E15 labeling provisions”. (For additional information, refer to Section 2.30.2. FTC 

Labeling Requirements.) 

(Added 2018) (Amended 2022, 2022, and 20XX)

B2: FLR-23.2 Sections 2.1. Gasoline-Oxygenate Blends, 3.2. and Automotive Gasoline and 

Automotive Gasoline-Oxygenate Blends (Including Racing Gasoline).

Item under Consideration:

Amend Handbook 130 Uniform Fuels and Automotive Lubricants Regulation as follows: 

2.1. Gasoline and Gasoline-Oxygenate Blends. 

2.1.2. Gasoline-Ethanol Blends. – When gasoline is blended with denatured fuel ethanol, the 

denatured fuel ethanol shall meet the latest version of ASTM D4806, “Standard Specification for 

Denatured Fuel Ethanol for Blending with Gasolines for Use as Automotive Spark-Ignition 

Engine Fuel,” and the blend shall meet the latest version of ASTM D4814, “Standard 

Specification for Automotive Spark-Ignition Engine Fuel,” with the following permissible 

exceptions: 

(a) The maximum vapor pressure shall not exceed the latest version of ASTM D4814, 

“Standard Specification for Automotive Spark-Ignition Engine Fuel,” limits by more than 
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1.0 psi for blends from June 1 through September 15 as allowed by EPA per 40 CFR 

1090.215(b) Gasoline RVP standards. 

(Amended 2016, 2018, 2019, 2022, and 20XX) 

3.1. Automotive Gasoline and Automotive Gasoline-Oxygenate Blends (Including Racing 

Gasoline). 

...

3.2.5. Product Transfer Document (PTD) Requirements. Documentation for Dispenser 

Labeling Purposes. For automotive gasoline oxygenate blends or racing gasoline, the The retailer 

shall be provided information that complies with 40 CFR 1090.1110, “PTD requirements for 

gasoline, gasoline additives, and gasoline regulated blendstocks”, at the time of delivery of the 

fuel, on product transfer documents such as an invoice, bill of lading, shipping paper, or other 

documentation. Additional declarations may be required for specific fuels: 

(a) Information that complies with CFR 1090.1110 when the fuel contains ethanol. 

(Added 2014) (Amended 2022) 

(a)(b) For fuels containing multiple oxygenates or oxygenates other than ethanol that do 

not contain ethanol, information that complies with 40 CFR 1090.1110 and a 

declaration of the predominant oxygenate or combination of oxygenates present in 

concentrations sufficient to yield an oxygenate content of at least 1.0 % by volume in the 

fuel. Where mixtures of only ethers are present, the fuel supplier may identify either the 

predominant oxygenate in the fuel (i.e., the oxygenate contributing the largest mass 

percent oxygen) or alternatively, use the phrase “contains MTBE or other ethers.”

(Added 2014) (Amended 2022, and 20XX)

(b)(c) Gasoline For fuels containing more than 0.3 % by volume methanol a declaration 

identifying the fuel shall be identified as “with” or “containing” methanol.

(Added 2014) (Amended 2018, and 20XX) 

(Amended 1996, 2014, and 2018) 

3.2.6. EPA Labeling Requirements. – Retailers and wholesale purchaser-consumers of gasoline 

shall comply with the EPA pump labeling requirements for gasoline containing greater than 10 

volume percent (v%) up to 15 volume percent (v%) ethanol (E15) under 40 CFR 1090.1510, 

“E15 labeling provisions”. (For additional information, refer to Section 3.8.2. FTC Labeling 

Requirements.)

(Added 2012) (Amended 2018, 2023, and 20XX) 

(Amended 2018) 

NIST OWM Detailed Technical Analysis:

In reviewing the 2023 NCWM Interim Agenda, NIST OWM does not believe the L&R Report Summary 

captures the intent of Chuck Corrs changes. The language that Chuck Corr submitted additional changes 

to that do not appear in NCWM Publication 15, Section 2.20.2. Changing the title to Product Transfer 

Document (PTD Requirements) adding “PTD requirements for gasoline, gasoline additives, and gasoline 

regulated blendstocks” and 3.2.5. striking, “For automotive gasoline, automotive gasoline-oxygenate 

blends or racing gasoline”
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2.20.2. Product Transfer Document (PTD) Requirements. Documentation for Dispenser 

Labeling Purposes. – The retailer shall be provided information that complies with 40 CFR 

1090.1110, “PTD requirements for gasoline, gasoline additives, and gasoline regulated 

blendstocks,” at the time of delivery of the fuel, on product transfer documents such as an invoice, 

bill of lading, shipping paper, or other documentation. Additional declarations may be required 

for specific fuels: 

And

3.2. Automotive Gasoline and Automotive Gasoline-Oxygenate Blends (Including Racing 

Gasoline).

3.2.5. Product Transfer Document (PTD) Requirements. Documentation for Dispenser 

Labeling Purposes. – For automotive gasoline, automotive gasoline-oxygenate blends or 

racing gasoline, the The retailer shall be provided information that complies with 40 CFR 

1090.1110, “PTD requirements for gasoline, gasoline additives, and gasoline regulated 

blendstocks”, at the time of delivery of the fuel, on product transfer documents such as an 

invoice, bill of lading, shipping paper, or other documentation. Additional declarations may be 

required for specific fuels. 

In reviewing NCWM Pub. 16 (2023) NIST OWM believes that clarification is needed 3.2.5.(b) that offers 

clarification as to what the submitter is recommending (appears below). OWM does concur with the 

recent June 28, 2023 submission to FALS for modifications to the language in the MOS 23.2 and FALS 

FLR-23.2. with the exception of Section 3.2.5.(b). 

3.2.5. Product Transfer Document (PTD) Requirements 

.....

(cb) Gasoline For fuels containing more than 0.3 % by volume methanol a declaration shall be 

identified as “with” or “containing” methanol. 

(Added 2014) (Amended 2018 and 20XX) 

Summary of Discussion and Actions:

At the 2023 NCWM Interim Meeting, the Committee amended the item based on changes proposed by 

Chuck Corr as follows. 

2.20. Gasoline and Gasoline-Oxygenate Blends. 

2.20.2. Product Transfer Document (PTD) Requirements. Chuck Corr suggested adding “PTD 

requirements for gasoline, gasoline additives, and gasoline regulated blendstocks and to change 

oxygen content from 1.5 mass percent to 1.0 % by volume, and for fuels “containing more than” from 

0.15 mass percent to 0.3 % by volume. 

3.2. Automotive Gasoline and Automotive Gasoline-Oxygenate Blends (Including Racing Gasoline) he 

suggested striking in 3.2.5. For automotive gasoline, automotive gasoline-oxygenate blends or racing 

gasoline, the 
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With those changes, the Committee assigned Voting status to the Block 2 as it is now fully developed.

Regional Association Reporting: 

Western Weights and Measures Association

At the 2022 WWMA Annual Meeting, amended language was provided by the submitter and is available 

on the WWMA website. Kevin Schnepp (CDFA DMS) suggested they should not use acronyms (PTD) 

and that he supports development of this item. Based on testimony heard regarding this item not being 

fully developed, the WWMA L&R Committee recommends this item be assigned Developing status. 

Central Weights and Measures Association

At the 2022 CWMA Interim Meeting, Chuck Corr (Iowa RFA) commented this proposal aligns 

Handbook 130 with the EPA regulation citations approved at the 2022 annual meeting and citations 

should be included in the title which he believes are editorial in nature. Doug Musick and Loren Minnich 

(Kansas) support the item. Loren Minnich suggested that under Section 2.20.2., (a) should be the head 

section and sections b and c become subsections ii and iii? Chuck Corr addressed the structure of that 

section by moving (a) into 2.20.2., and then “b” becomes “a” and “c” becomes “b” as listed below. He 

supports Voting status for both items. Based on discussion during open hearings, the Committee believes 

this item is fully developed and ready for Voting status using the following version: 

B2: MOS-23.2 – Section 2.20. Gasoline and Gasoline-Oxygenate Blends.

2.20. Gasoline and Gasoline-Oxygenate Blends. 

2.20.1. Method of Retail Sale. – Type of Oxygenate must be Disclosed. – All automotive 

gasoline or automotive gasoline-oxygenate blends kept, offered, or exposed for sale, or sold at 

retail containing at least 1.5 mass percent oxygen shall be identified as “with” or “containing” (or 

similar wording) the predominant oxygenate in the engine fuel. For example, the label may read 

“contains ethanol” or “with MTBE.” The oxygenate contributing the largest mass percent oxygen 

to the blend shall be considered the predominant oxygenate. Where mixtures of only ethers are 

present, the retailer may post the predominant oxygenate followed by the phrase “or other ethers” 

or alternatively post the phrase “contains MTBE or other ethers.” In addition, gasoline-methanol 

blend fuels containing more than 0.15 mass percent oxygen from methanol shall be identified as 

“with” or “containing” methanol. This information shall be posted on the upper 50 % of the 

dispenser front panel in a position clear and conspicuous from the driver’s position in a type at 

least 12.7 mm (1/2 in) in height, 1.5 mm (1/16 in) stroke (width of type). 

(Amended 1996) 

2.20.2. Product Transfer Document (PTD) Requirements. Documentation for Dispenser 

Labeling Purposes. – The retailer shall be provided information that complies with 40 CFR 

1090.1110 PTD requirements for gasoline, gasoline additives, and gasoline regulated blendstocks,

at the time of delivery of the fuel, on product transfer documents such as an invoice, bill of lading, 

shipping paper, or other documentation. Additional declarations may be required for specific 

fuels: 

(a) Information that complies with 40 CFR 1090.1110 when the fuel contains ethanol. 
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(a)(b) For fuels containing multiple oxygenates or oxygenates other than ethanol that do not 

contain ethanol, information that complies with 40 CFR 1090.1110 and a declaration of the 

predominant oxygenate or combination of oxygenates present in concentrations sufficient to 

yield an oxygen content of at least 1.5 mass percent in the fuel. Where mixtures of only ethers 

are present, the fuel supplier may identify either the predominant oxygenate in the fuel (i.e., the 

oxygenate contributing the largest mass percent oxygen) or alternatively, use the phrase 

“contains MTBE or other ethers.” 

(b)(c) Gasoline For fuels containing more than 0.15 mass percent oxygen from methanol a 

declaration identifying the fuel shall be identified as “with” or “containing” methanol. 

(Added 1984) (Amended 1985, 1986, 1991, 1996, 2014 and 2022, and 20XX) 

2.20.3. EPA Labeling Requirements. – Retailers and wholesale purchaser-consumers of gasoline 

shall comply with the EPA pump labeling requirements for gasoline containing greater than 10 

volume percent (v%) up to 15 volume percent (v%) ethanol (E15) under 40 CFR 1090.1510 E15 

labeling provisions. (For additional information, refer to Section 2.30.2. FTC Labeling 

Requirements.) 

(Added 2018) (Amended 2022, 2022, and 20XX)

B2: FLR-23.2 –Sections 2.1. Gasoline-Oxygenate Blends, 3.2. and Automotive Gasoline and 

Automotive Gasoline-Oxygenate Blends (Including Racing Gasoline).

2.1. Gasoline and Gasoline-Oxygenate Blends. 

2.1.2. Gasoline-Ethanol Blends. – When gasoline is blended with denatured fuel ethanol, the 

denatured fuel ethanol shall meet the latest version of ASTM D4806, “Standard Specification for 

Denatured Fuel Ethanol for Blending with Gasolines for Use as Automotive Spark-Ignition Engine 

Fuel,” and the blend shall meet the latest version of ASTM D4814, “Standard Specification for 

Automotive Spark-Ignition Engine Fuel,” with the following permissible exceptions: 

(a) The maximum vapor pressure shall not exceed the latest version of ASTM D4814, “Standard 

Specification for Automotive Spark-Ignition Engine Fuel,” limits by more than 1.0 psi for 

blends from June 1 through September 15 as allowed by EPA per 40 CFR 1090.215(b) 

Gasoline RVP standards. 

(Amended 2016, 2018, 2019, 2022, and 20XX) 

3.2. Automotive Gasoline and Automotive Gasoline-Oxygenate Blends (Including Racing 

Gasoline).

3.2.5. Product Transfer Document (PTD) Requirements. Documentation for Dispenser 

Labeling Purposes. – For automotive gasoline, automotive gasoline-oxygenate blends or racing 

gasoline, the retailer shall be provided information that complies with 40 CFR 1090.1110 PTD 

requirements for gasoline, gasoline additives, and gasoline regulated blendstocks, at the time of 

delivery of the fuel, on product transfer documents such as an invoice, bill of lading, shipping paper, 

or other documentation. Additional declarations may be required for specific fuels: 

(a) Information that complies with 40 CFR 1090.1110 when the fuel contains ethanol.

(Added 2014) (Amended 2022) 
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(a)(b) For fuels containing multiple oxygenates or oxygenates other than ethanol that do not 

contain ethanol, information that complies with 40 CFR 1090.1110 and a declaration of the 

predominant oxygenate or combination of oxygenates present in concentrations sufficient to 

yield an oxygenate content of at least 1.0 % by volume in the fuel. Where mixtures of only 

ethers are present, the fuel supplier may identify either the predominant oxygenate in the fuel 

(i.e., the oxygenate contributing the largest mass percent oxygen) or alternatively, use the 

phrase “contains MTBE or other ethers.” 

(Added 2014) (Amended 2022, and 20XX) 

(b) (c) Gasoline For fuels containing more than 0.3 % by volume methanol a declaration 

identifying the fuel shall be identified as “with” or “containing” methanol.

(Added 2014) (Amended 2018, and 20XX) 

(Amended 1996, 2014, and 2018) 

3.2.6. EPA Labeling Requirements. – Retailers and wholesale purchaser-consumers of gasoline 

shall comply with the EPA pump labeling requirements for gasoline containing greater than 10 

volume percent (v%) up to 15 volume percent (v%) ethanol (E15) under 40 CFR 1090.1510 E15 

labeling provisions. (For additional information, refer to Section 3.8.2. FTC Labeling 

Requirements.)

(Added 2012) (Amended 2018, 2023, and 20XX) 

(Amended 2018) 

At the 2023 CWMA Annual Meeting, Chuck Corr (Iowa Renewable Fuels Association) supports this item 

and believes it better aligns sections MOS and FLR in Handbook 130. The Committee believes the item is 

fully developed and ready for voting status.

Southern Weights and Measures Association

At the 2022 SWMA Annual Meeting, the L&R Chair provided an updated given by the submitter. These 

proposed changes were not available to the SWMA Conference for review. 

The Committee decided this item remains a Developing Item on the NCWM agenda. 

Northeastern Weights and Measures Association 

At the 2022 NEWMA Meeting, Lisa Warfield, NIST Technical Advisor commented that she believes the 

item should move forward with Informational status. Jim Willis (New York) commented that he believes 

the item should be given Developmental status. The Committee recommends Developing status for this 

item. 

At the 2023 NEWMA Annual Meeting there were no comments and the Committee recommends this as a 

Voting Item. 

Item Block 3 (B3) Cannabis

(Note: At the 2022 NCWM Interim Meeting, the Committee heard testimony on each individual item in 

Block 3: B3 (Cannabis). The comments heard are reported for each item within the block, but the 

Committee kept PAL-22.1 PAL 22.2 and MOS-22.2 together as a block. At the 2022 NCWM Annual 

Meeting, NET-22.1 was removed from the block and was considered separately.) 
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B3: PAL-22.1 W Section 2. Definitions 2.XX. Cannabis and Cannabis-Containing Products.

B3: PAL-22.2 V Section 10. Requirements, 10.XX. Cannabis and Cannabis-Containing

Products.

B3: MOS-22.2 V Section 1.XX. Cannabis and Cannabis-Containing Products and 2.XX.

Cannabis and Cannabis-Containing Products.

Source: NCWM L&R Committee (submitted by the NCWM Cannabis TG)

Submitter’s Purpose and Justification:

Section 2. Definitions 2.XX Cannabis and Cannabis-Containing Products.

Establish a clear definition of Cannabis and Cannabis-containing products for use in NIST Handbook 130 

Uniform Packaging and Labeling Requirements.

Since Cannabis and Cannabis-containing products were first legalized by some states, the industry has 

undergone an unprecedented expansion. Even though these products haven’t received Federal approval at 

this time, more and more states have supported Cannabis and Cannabis-containing products for 

medicinal or adult-use under their own laws. This has resulted in boutique markets developing across the 

country with restrictive state boundaries for lack of clarity and uniformity in commercialization of these 

products.

Cannabis and Cannabis-containing products are unique in many aspects; they have a niche as medicine, 

have resulted in the development of adult use markets, and have an incredible array of different 

manufacturing and industrial applications. Some of these products contain controlled substances which 

presents a special concern for the safety and welfare of consumers if misused or mishandled. Further, 

they are subject to strict regulations by multiple government agencies. Cannabis and Cannabiscontaining products and applications range from non-food to food products for human and animal 

consumption through inhalation, ingestion, and/or topical or dermal application. They can be used as 

ingredients in other commodities, changing in most cases the product identity to Cannabis and Cannabiscontaining products. Some Cannabis and Cannabis-containing products are very susceptible to 

environmental conditions easily losing or gaining moisture with consequences impacting net quantity, 

degradation of active cannabinoids, and/or microbial proliferation depending on the situation. These are 

just some of the reasons there are many concerns and uncertainty surrounding the method of sale and 

commercialization of Cannabis and Cannabis-containing products.

Many states have already, or are in the planning stages of, codified packaging and labeling regulations 

that may differ from those proposed here. They may change yet again once the federal government 

establishes regulations for Cannabis and Cannabis-containing products. However, unifying the 

packaging and labeling requirements nationally through this proposal will eliminate the boutique markets 

currently developing. Much of industry has expressed the desire for uniformity and this will align with 

their needs in this regard.

The submitter requested that this be a Voting Item in 2022.
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Section 10. Requirements, 10.XX Cannabis and Cannabis-Containing Products.

Establish uniform packaging and labeling requirements for Cannabis and Cannabis-containing products.

In addition to the justification statement in PAL 22.1 this section is specific to Cannabis is being 

introduced as an ingredient into many commodities, having a statement on the principal display panel will 

allow consumers to be informed as to its contents. The amount and type of cannabinoids are a deciding 

factor to consumers when purchasing Cannabis and Cannabis-containing products. This would also 

provide regulators with the information necessary to ensure consumers are not being defrauded as these 

products carry a hefty price tag. A declaration of marketed cannabinoids and their respective 

concentration will allow consumers to compare like products for value comparison. Both requirements 

will also act as a safety mechanism to alert consumers of the contents and aid them in selecting the 

desired product.

Section 1.XX. Cannabis and Cannabis-Containing Products and 2.XX. Cannabis and CannabisContaining Products.

Create a new section in the Uniform Regulation for the Method of Sale of Commodities in Handbook 130 

for Cannabis and Cannabis-Containing Products. Given the nature of these products, they need to be 

included in both, the Food and Non-Food sections of this regulation.

This proposal was drafted by the Method of Sale Focus Group within the NCWM Cannabis Task Group.

The ASTM International D37 Cannabis Committee has more than 900 members, the vast majority of 

which are industry stakeholders. The first two D37 standards passed through the consensus process 

related to water activity, one of which used all available data to establish an ideal range of 0.55 to 0.65 for 

Cannabis plant material. The proposal to the Method of Sale herein includes a water activity of 0.60 +/-

0.05. While industry has indicated they will reiterate their support for this water activity standard through 

the NCWM process it is important for the Committee and Membership to be made aware that 

approximately 900 industry members have already weighed in on and given their consensus support to 

this standard. Since Cannabis and Cannabis-Containing products were first legalized by some states, the 

industry has undergone an unprecedented expansion. Even though these products haven’t received 

Federal approval at this time, more and more states have supported Cannabis and Cannabis-Containing 

products for medicinal or recreational use under their own laws. This has resulted in boutique markets 

developing across the country with restrictive state boundaries for lack of clarity and uniformity in 

commercialization of these products.

Cannabis and Cannabis-Containing products are unique in many aspects; they have a niche as medicine, 

have resulted in the development of adult use markets, and have an incredible array of different 

manufacturing and industrial applications. Some of these products contain controlled substances which 

presents a special concern for the safety and welfare of consumers if misused or mishandled. Further, 

they are subject to strict regulations by multiple government agencies. Cannabis and CannabisContaining products and applications range from non-food to food products for human and animal 

consumption through inhalation, ingestion, and/or topical or dermal application. They can be used as 

ingredients in other commodities, changing in most cases the product identity to Cannabis and CannabisContaining products. Some Cannabis and Cannabis-Containing products are very susceptible to 

environmental conditions easily losing or gaining moisture with consequences impacting net quantity, 

degradation of active cannabinoids, and/or microbial proliferation depending on the situation. These are 

just some of the reasons there are many concerns and uncertainty surrounding the method of sale and 

commercialization of Cannabis and Cannabis-Containing products.
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As a new and rapidly developing industry and given the level of uncertainty and lack of uniformity, 

Cannabis and Cannabis-Containing products need a clear and consistent method of sale to provide equity 

and fairness in the marketplace. Uniformity throughout the method of sale of Cannabis and CannabisContaining products would harmonize regulations across states so these products are not limited by their 

borders. Further, this would ensure clear and fair competition in the marketplace and provide accurate 

quantity information for consumers to make informed price and quantity comparisons.

Cannabis has proven to be susceptible to environmental changes, a source of controlled substances, of a 

high dollar value, and a safety risk for consumers if misused or mishandled. As a result, Cannabis and 

Cannabis products require a water activity standard that shall be maintained throughout the entire 

distribution process from extraction to retail sale.

Water activity is a measure of “free” water available in the plant material to fuel microorganism growth. 

It is reported on a scale from 0 to 1. The optimal water activity range for Cannabis has been determined 

through scientific studies to be 0.55 - 0.65 and correlates to an environment that is least conducive to the 

growth of destructive and harmful microorganisms (e.g., molds). If Cannabis was to be sold with as little 

water content as possible the product would not remain viable (i.e., loss or destruction of desired 

components, such as cannabinoids and terpenes) for as long and could subject the public to increased

health and safety concerns. It would not be feasible to have a moisture allowance close to zero but a 

product viability and safety moisture content within the optimal water activity range. A water activity

between 0.55 and 0.65 in Cannabis typically correlates to a moisture content of 10-12 %. (See attached 

Colorado MED report showing 14 % of all flowers failed initial mold/yeast testing before being allowed 

on the market).

On the Cannabis cultivation side, recall that Cannabis flower is one of the most valuable materials in the 

U.S. after precious metals or gems. Between the highest safe water activity (0.65) and the lowest possible 

water activity (0.04), Cannabis flower can fluctuate about 5 % in weight. This means that a jurisdiction 

not having the ability to test water activity through the supply chain stays exposed to bad actors who 

could manipulate water activity at key points to divert about 5 % of any harvest in a way that will 

completely evade every track and trace system. In a world where oversight agencies are concerned about 

tracking every gram, leaving thousands of pounds at risk of diversion and the related tax loss to the much 

more lucrative black market is a hole that needs to be plugged.

In the retail Cannabis trade, insufficient attention and guidance is given to moisture migration in or out of 

some Cannabis packaging and as a result, the contents of some Cannabis flower packaging have been 

found to be underweight, resulting in the patient/consumer paying for weight that they are not receiving.

For instance, underweight complaints are the #1 consumer complaint in Oregon. For the fairness and 

safety of Cannabis consumers, a 3 % +/- weight variance Containing on enforcement of acceptable 

moisture range needs to be established. As has been learned in other industries in which W&M has 

jurisdiction, if something can get out of a retail package during distribution, it can also get in. The ability 

to test packaged Cannabis-Containing products at retail for water activity becomes a safety and equity 

concern.

Solution: ASTM D8197-20 (1) establishes the ideal moisture range for Cannabis flower in terms of 

water activity of 0.60 ± 0.05. (Exclusive free access to that ASTM D8197 and to an ASTM water activity 

eLearning course can be accessed by reaching out to charlie@cprsquaredinc.com). This correlates to a 

moisture content of 10-12 %, which narrows the range of weight variation that must be addressed in 

dealing with moisture loss.

More than 800 ASTM D37 members concluded that the ideal range for cannabis and hemp flower is 0.55

-0.65 (the equivalent to 55 – 65 % Relative Humidity). This was affirmed by the U.S. Pharmacopeia’s 
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Expert Cannabis Panel in their Cannabis Paper (2) to mitigate mold growth and maintain the quality 

attributes.

Consumers/patients buying Cannabis products are looking for a desired effect. Those effects are in part 

determined by the presence of terpenes, which have different scents and provide various therapeutic 

effects. The presence of these terpenes is diminished as the plant dries and the effects the 

patient/consumer is expecting are also diminished from what is shown on the label (terpene testing). The 

U.S. Pharmacopeia has determined the same water activity of 0.60 ± 0.05 to be ideal for maintaining 

these quality attributes (e.g., cannabinoid and terpene content) of Cannabis flower (attached).

The submitter mentioned the following possible opposing arguments: 

• Patients and consumers don’t want to buy water when purchasing Cannabis. When it comes to 

Cannabis, they want to buy the right amount of water. The right amount of water (or moisture) 

helps safeguard the quality and integrity of the Cannabis components consumers are purchasing. 

These active components would degrade in overdried plant material. It could also be argued that 

by providing a constant moisture content through establishment of a water activity standard for 

the proper sale of unprocessed Cannabis there is a measure of ensuring proper quantity during 

purchase. 

• W&M doesn’t regulate quality. To the extent establishing an acceptable water activity range is 

monitoring quality, this is a positive by-product of monitoring equitable transactions, promoting 

health and safety and preventing diversion. Oversight of motor fuels is analogous in the sense 

that the attributes of motor fuel are a function of quality and samples are sent to a lab for testing 

these attributes.

• Equipment cost. The additional cost of water activity meter(s) should not be prohibitive. It could 

be easily offset by the revenue that would be saved by preventing over drying and diversion 

and/or by fees collected. This could be accomplished by random testing of Cannabis flower 

throughout the manufacturing and distributions processes. It should also be noted that setting a 

water activity standard in the MOS does not establish testing requirements nor frequency of 

testing requirements.

• Illegal activity. Not every state has legalized the sale and distribution of Cannabis, whether it 

contains more or less than 0.3 % THC. However, there are many states (and federal agencies) 

that have legalized the sale of Cannabis in some form or fashion or another. There are strong 

indication that federal and other state agencies are working to establish requirements for the sale 

of Cannabis and Cannabis-products.

• Some have expressed concern over this water activity applying to Cannabis-containing products, 

which resulted from confusion. The water activity proposed herein would not apply to Cannabiscontaining products, rather it would only apply to Cannabis plant material. Traditional water 

activity levels applied to food products would not be altered or affected by this proposal. 

NIST OWM Executive for Block 3. (B3) – Cannabis

NIST OWM Recommendation1: OWM recognizes the importance of this work and the progress the

TG has made thus far. However, there are some significant issues that need to be addressed before this 

block of items is ready for adoption. 

• NIST OWM is aware there is concern with the Effective date that the Committee modified to 

the Item Under Consideration. The Committee will need to determine whether this is a 
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NIST OWM Executive for Block 3. (B3) – Cannabis

technical or editorial change. With due process applying we hope the Committee ensures that 

stakeholder feedback was received. We also note that the 2023 Spring Regional Reports for 

CWMA and NEWMA both supported the language moving forward as a vote with no 

modification to the date.

• OWM continues to encourage the Cannabis TG reach out to State Cannabis Commissions, 

Medicinal Programs, Health Departments, and other State Cannabis Regulatory authorities to 

work collaboratively to develop language that is acceptable to all stakeholders. There are 

approximately 22 states that have labeling laws or regulations. 

• Inform stakeholders of any developments by the TG, OWM recommends the TG provide a 

summary to appear in the NCWM Publications. It should be clarified if this TG reports to the 

NCWM L&R Committee or NCWM Board of Directors.

Form 15’s submitted by the Cannabis TG include the following statements. OWM comments are 

included with each point.

• “W&M does not regulate quality. To the extent establishing an acceptable water activity range 

is monitoring quality, this is a positive by-product of monitoring equitable transactions, 

promoting health and safety and preventing diversion.”

OWM Comment: Weights and measures strives for equity in the marketplaces but has not 

been involved with the health and safety side of commodities.

• “Equipment cost. The additional cost of water activity meter(s) should not be prohibitive. It 

could be easily offset by the revenue that would be saved by preventing over drying and 

diversion and/or by fees collected. This could be accomplished by random testing of Cannabis 

flower throughout the manufacturing and distributions processes. It should also be noted that 

setting a water activity standard in the MOS does not establish testing requirements nor 

frequency of testing requirements.” 

OWM Comment: Many states’ package inspection activities are not fee-supported and would 

not be generating income by charging fees for services. 

B3: PAL-22.2. – Section 10. Requirements, 10.XX. Cannabis and Cannabis-Containing Products

• OWM had previously noted our concerns with “Cannabis” being italicized. Is it a requirement 

that this term “Cannabis” appear an italics style for packaging and labeling requirements? If 

so, OWM recommends the Committee add the statement to (a)(2); “the term Cannabis shall 

appear in capitalization and italics style.” If it is not a requirement the capitalization and italics 

format must be removed to avoid confusion in labeling requirements. If the Committee 

believes that a change is required, they should provide an acceptable time for industry to redo 

their labeling. We do not concur that these labels are printed “on demand”. 

• “Cannabis” has a known standard of identity; it is not necessary to add a definition to the 

handbook.
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NIST OWM Executive for Block 3. (B3) – Cannabis

• OWM commends the NCWM Cannabis Task Group for its outstanding work on developing 

these proposals. If these proposals move forward and the NCWM Cannabis Packaging and 

Labeling Subcommittee is disbanded, OWM recommends that Committee task PALS with the 

development of Cannabis labeling.

B3: MOS-22.2 Section 1.XX Cannabis and Cannabis-Containing Products and 2.XX Cannabis 

and Cannabis-Containing Products

OWM does not concur that a method of sale is necessary for this commodity. The Weights and 

Measures Law, Section 16. Method of Sale specifies:

Section 16. Method of Sale 

Except as otherwise provided by the Director or by firmly established trade custom and practice, 

(a) commodities in liquid form shall be sold by liquid measure or by weight; and

(b) commodities not in liquid form shall be sold by weight, by measure, or by count. 

The method of sale shall provide accurate and adequate quantity information that permits the 

buyer to make price and quantity comparisons. 

• Section 2.XX.X. Water Activity speaks about “unprocessed” Cannabis but does not define 

what this means and there is no reference within ASTM D8197. 

• Water Activity is not related to Moisture Allowance. Water Activity should not be placed into 

the Moisture Allowance Table 2-3 within NIST HB 133. Doing so will only cause confusion. 

• Water Activity is used to measure the growth of microbes using ASTM D8196-20, Standard 

Practice for Determination of Water activity (aw) in Cannabis, helping to ensure its safety. It 

is also used to identify the potency (THC level). In many states water activity testing would be 

conducted by an agency, other than weights and measures. Outside of fuel quality most 

weights and measures programs do not inspect and enforce quality and safety of most 

consumer commodities. 

• To assist the officials, the Committee request that the Cannabis TG develop procedures for 

incorporation into NIST HB133 – in the following areas:

 procedure for determining moisture allowance if the MOS is adopted with criteria for 

Water Activity. 

 Search and seizure (including transportation)

 Safety procedures

 Proper equipment

 Testing for THC (if involved with the testing aspect) (i.e., potency, THC, contaminates). 
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NIST OWM Executive for Block 3. (B3) – Cannabis

____________________

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. 

Table 2. Summary of Recommendations

Item Block 3. (B3) – Cannabis

Status Recommendation Note* Comments

Submitter Voting

OWM Assigned

WWMA Voting

NEWMA Voting

SWMA Voting

CWMA Voting

NCWM Voting

*Notes Key:

1 Submitted modified language

2 Item not discussed

3 No meeting held

4 Not submitted on agenda

5 No recommendation or not considered

Item Under Consideration:

B3: PAL-22.1 – Section 2. Definitions 2.XX Cannabis and Cannabis-Containing Products. 

2.XX. Cannabis and Cannabis-Containing Products – Cannabis is a genus of flowering plants in 

the family Cannabaceae, of which Cannabis sativa, indica, ruderalis are species., and any 

hybridization thereof. This definition includes products that contain 0.3 percent or less of Total 

Delta-9 Tetrahydrocannabinol (THC) (also known as Hemp) and products that contain more than 

0.3 percent of Total Delta-9 THC (also known as cannabis, marijuana, or marihuana). 

(Added 20XX)

B3: PAL-22.2 –Section 10. Requirements, 10.XX Cannabis and Cannabis-Containing Products. 

10.XX. Cannabis and Cannabis-Containing Products (see Section 10.X NOTE)

10.XX.1. Definition – Cannabis is a genus of flowering plants in the family Cannabaceae, of 

which Cannabis sativa, indica, ruderalis are species., and any hybridization thereof. This 

definition includes products that contain 0.3 percent or less of Total Delta-9 
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Tetrahydrocannabinol (THC) (also known as Hemp) and products that contain more than 0.3 

percent of Total Delta-9 THC (also known as cannabis, marijuana, or marihuana). 

10.XX.2. Labeling – Any Cannabis or Cannabis-containing products intended for human or 

animal consumption or application, shall bear on the outside of the package the following: 

(a) On the principal display panel 

(1) The statement “Contains Cannabis.” The word “Cannabis” shall be capitalized and 

italicized, and.

(2) The statement “Contains 0.3 % or less Total Delta-9 THC” or “Contains more than 

0.3 % Total Delta- 9 THC”: and 

(b) On back or side panel

(1) a declaration of the labeled cannabinoid per serving or application; and 

(2) the cannabinoid quantity declaration shall be in milligrams. 

Effective date of enforcement January 1, 2025. 

Section Note 10. XX: The use of italicized text in the references to “Cannabis” is only to denote its 

proper taxonomy. 

(Added 20XX)

B3: MOS-22.2 – Section 1.XX. Cannabis and Cannabis-Containing Products and 2.XX. Cannabis 

and Cannabis-Containing Products.

1.XX. Cannabis and Cannabis-Containing Products – Cannabis is a genus of flowering plants in 

the family Cannabaceae, of which Cannabis sativa, indica, ruderalis are species and any 

hybridization thereof. This definition includes products that contain 0.3 percent or less of Total 

Delta-9 Tetrahydrocannabinol THC (also known as Hemp) and products that contain more than 

0.3 percent of Total Delta-9 THC (also known as cannabis, marijuana, or marihuana). 

1.XX.X. Unit

(a) Volume – Products offered for sale in liquid form shall be sold by volume. 

(b) Weight- Products offered for sale in non-liquid form shall be sold by weight. These 

products may also have a supplemental declaration of count or measure. 

1.XX.X. Sale from Bulk

(a) When sold from bulk, all sales shall be based on net weight or net volume. 

(b) When liquids are offered for sale from bulk, the reference temperature for 

measurement shall be 20 °C (68 °F). Products shall be delivered at a temperature 

within ± 2 °C (5 °F). Artificially heating liquids to temperatures higher than the 

specified limits is prohibited. 
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1.XX.X. Water Activity-When unprocessed Cannabis, is kept, offered, or exposed for sale, sold, 

bartered, or exchanged, or ownership transfers, the water activity shall be 0.60 (± 0.05) in 

accordance with latest version of ASTM D 8197, Standard Specification for Maintaining 

Acceptable Water Activity (aw) Range (0.55 to 0.65) for Dry Cannabis Flower Intended for 

Human/Animal Use. 

The procedure for determining the water activity in Cannabis flower can be found in the latest 

version of ASTM D 8196 Standard Practice for Determination of Water Activity (aw) in 

Cannabis Flower.

(Added 20XX)

And

Section 2. Non-Food Products. 

2.XX. Cannabis and Cannabis-Containing Products – Cannabis is a genus of flowering plants in 

the family Cannabaceae, of which Cannabis sativa, indica, ruderalis are species, and any 

hybridization thereof. This definition includes products that contain 0.3 percent or less of Total 

Delta-9 Tetrahydrocannabinol (THC) (also known as Hemp) and products that contain more than 

0.3 percent of Total Delta-9 (THC) (also known as cannabis, marijuana, or marihuana).

2.XX.X. Unit

(a) Volume – Products offered for sale in liquid form shall be sold by volume. 

(b) Weight – Products offered for sale in non-liquid form shall be sold by weight. These 

products may also have a supplemental declaration of count or measure. 

2.XX.X. Sale from Bulk

(a) When sold from bulk, all sales shall be based on net weight or net volume. 

(b) When liquids are offered for sale from bulk, the reference temperature for 

measurement shall be 20 °C (68 °F). Products shall be delivered at a temperature 

within ± 2 °C (5 °F). Artificially heating liquids to temperatures higher than the 

specified limits is prohibited.

2.XX.X. Water Activity – When unprocessed Cannabis, is kept, offered, or exposed for sale, 

sold, bartered, or exchanged, or ownership transfers, the water activity shall be 0.60 (± 0.05) in 

accordance with latest version of ASTM D 8197, Standard Specification for Maintaining 

Acceptable Water Activity (aw) Range (0.55 to 0.65) for Dry Cannabis Flower Intended for 

Human/Animal Use.

(Added 20XX)

NIST OWM Detailed Technical Analysis:

Conflict in Law or Regulation 
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The potential for conflict may be highest in states that have separate agencies with authority to regulate 

all aspects of cannabis sales. Directors in these jurisdictions may be concerned about the possibility of a 

conflict in law if cannabis definitions and other regulations are added to either of the uniform regulations. 

This would be especially true if the regulations were not identical to other state agency’s regulations 

already in effect. Another potential problem may arise if a State’s law does not allow cannabis to be sold 

for either recreational or medical purposes where the addition of requirements, for example a method of 

sale or label regulation, may be mistaken by a reader to permit cannabis to be sold because it is now 

included in state regulations. To avoid this situation a state director may use the state’s administrative 

rulemaking procedure to “reject or modify” the conflicting provisions of the uniform regulations but that 

process may take several months. If the survey reveals that adoption of some of the cannabis regulations 

may create these types of conflicts, OWM believes a simpler approach of removing the conflicting laws 

or regulations may be worth considering. One option is to have a note placed at with each cannabis 

regulation so that the enforcement of any conflicting requirement found in a uniform regulation would 

automatically be permanently suspended. Below is a drafted language based upon NIST Handbook 44, 

General Code G-N.1. Conflict of Laws and Regulations which establishes the specifications, tolerances, 

and other technical requirements for weighing and measuring devices and where occasionally conflicts 

arise where safety or other regulations are in effect:

NOTE: Conflict of Laws and Regulations. – If any particular provision of the requirements in this 

section or subsection (include the section or subsection here for exactness) are found to conflict 

with existing federal or state laws or regulations (i.e., sale of cannabis is prohibited) or local 

ordinances relating to the definition, labeling, potency or other requirements for cannabis or 

cannabis containing products, the enforcement of such provisions shall be permanently suspended. 

Such suspension shall not affect the validity or enforcement of the remaining provisions of any 

other requirement in this regulation.

Current Authority in Weights and Measures Law

The survey may also reveal that a director has advisement from legal counsel that the State’s weights and

measures law does not give the state director authority to regulate the types of cannabis labeling. If the 

Committee determines this is the case, regardless on the number of states, amended language will be 

required to the Uniform Weights and Measures Law to add the needed authority. OWM has drafted a 

new subsection (r) to add the appropriate regulatory authority to promulgate a variety of cannabis 

requirements to the Uniform Weights and Measures Law as was done for the price verification procedure 

in 1995. The following draft has language to reflect that the Director has the authority to set variations 

for potency, ingredients, warning labels, water activity and moisture loss or gain permitted when current 

good manufacturing and distribution practices are followed. If the Committee uses this draft, it could 

then add additional areas of responsibilities in this emerging area of weights and measures regulation.

Be advised that OWM draft language omits references to “intrastate commerce” because when that 

provision is applied in conjunction with the terms and definitions in Section 12.1.2. “Variations Resulting 

from Exposure” in the UPLR, which reads that “so long as” the packages are in the control of the 

packager or person who introduces the packages into intrastate commerce that reasonable variations in net 

quantity caused by the loss or moisture loss or gain shall not be recognized, likely conflict the Federal 

Food, Drug and Cosmetic Act and regulations published by the FDA. This is a complex legal issue and 

would require too much space to fully explain but the issue was discussed in the NIST Handbook 133 

Working Group many years ago and the consensus at the time among officials was that all packaged 

products should be treated the same regardless of whether they are in “intra-state” or “interstate 

commerce.”
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OWM is trying to foresee potential problems with these proposals and is offering solutions that may 

allow for the adoption at the NCWM Annual Meeting. OWM recommends adding another Section in (2) 

which would allow the director to utilize accredited laboratories to perform testing when the states 

weights and measures laboratory does not have the capabilities. It also grants the director authority to 

employ a conformity assessment program. This could be a program where companies are inspected and 

accredited by a competent party, such as ASTM, who maintain accreditation and are subject to random 

audits to ensure compliance. This would allow the director to rely on alternative approaches instead of 

having their state metrology laboratory to obtain equipment and testing expertise they may not possess. 

OWM believes that in the future weights and measures inspections will also need to employ increased 

interstate cooperation among weights and measures programs as well as conformity assessment, and 

accreditation programs to supervise the new ways commercial measurements are utilized. We see an 

increase of goods being delivered to homes directly from remote shipping facilities. The testing of 

prepackaged goods for testing will decline and that may lead to the need for states to reach out for 

assistance from other jurisdictions to investigate complaints. Assistance will be required to go into 

distribution points or point of pack to test packaged goods or assist in evaluating whether current good 

manufacturing practices are in place or to help in resolving moisture loss (or gain) issues. 

Utilizing accreditation programs to ensure products compliance are currently in use around the world. An 

example of this is the U.S. Consumer Product Safety Commission (CPSC) having oversight of toys sold 

in the U.S. marketplace. The use of such systems would empower programs to focus on supervising the 

marketplace and using risk assessments and audits to oversee far more than is possible with today’s 

resources. OWM often hears weights and measures plays catch-up instead of actively participating in the 

development of new areas of commercial weighing and measurement. One way to take a larger step in 

any field of weighing and measurement is to be able to provide leadership and marketplace supervision 

using new approaches and looking for opportunities in the emerging areas of legal metrology regulations 

(e.g., electric vehicle charging systems and GPS transportation systems). Recognizing these options 

would be a good first-step for cannabis. 

OWM also recognizes that regulation of cannabis packaging is different than other packaged products in 

the marketplace. Current authority for weights and measures regulations typically cannot prescribe the 

type and color of packaging, the use of production codes, manufacture date, warning labels cannabis 

symbols, or other requirements. UPLR regulations cannot dictate whether the product can look like 

candy or baked goods or whether labels can display a picture of a cartoon character. But those aspects are 

part of the regulatory powers given to cannabis regulatory agencies in many states, and those local 

requirements vary depending on whether the state legislature allows recreational use or only medicinal 

use cannabis. In most jurisdictions only the legislature can grant enforcement authority to regulatory 

agencies and sometimes there is overlap. 

There are numerous examples from the past that show conflicting requirements and inspection procedures 

can be avoided through cooperation. Most states that have a Department of Agriculture also have a state 

chemist and seed control laboratory, that have regulatory authority to prescribe net quantity of contents 

requirements. They work closely with the weights and measures division for guidance and assistance in 

ensuring that labeling regulations are consistent. The inspectors who carry out inspections have the 

authority as well as the training and equipment to perform the inspections and tests properly and 

uniformly. 

PALS -22.1. Section 2. Definitions 2.XX Cannabis and Cannabis-Containing Products.

OWM recommends that the definition in 2.X.X. Cannabis and Cannabis-Containing Products be 

reordered to provide clarity and readability so that the 0.3 percent or less value wording appears first and 
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the more than 0.3 percent wording appears second. OWM recommends also that the word “percent” and 

not the symbol be used; that the word “definition” be substituted for section; and that “contains” be used 

instead of containing. 

OWM proposed rewording for the definition of Cannabis found within the UPLR: 

2.XX. Cannabis and Cannabis-Containing Products – Cannabis is a genus of flowering plants 

in the family Cannabaceae, of which Cannabis sativa is a species. This definition includes 

products that contain 0.3 percent or less of Total Delta-9 THC (also known as Hemp) and 

products that contain more than 0.3 percent of Total Delta-9 THC (also known as Cannabis, 

Marijuana, or Marihuana). 

OWM recommends that consideration be given for the OWM proposed language in B3: PAL-22.1 and 

recommend it as a Voting Item. 

B3: PAL-22.2 Section 10. Exemptions, 10.XX Cannabis and Cannabis-Containing Products

The application of this section is clearly stated that it only applies to products that contain cannabis, so no 

exceptions need be included. OWM recommends that 10.XX be revised as shown below. 

10.XX. Cannabis and Cannabis-Containing Products- Any Cannabis or Cannabis-containing 

products, with the exception of commodities listed under Section 10.9 Textile Products, 

Threads and Yarns and other non-food products not intended for human or animal 

application, shall bear on the outside of the package the following: 

OWM submits the following questions to the Committee about how this regulation is to be interpreted 

and enforced: 

“Shall Bear on the Outside of the Package...”

Weights and measures regulations for declaration of identity and net quantity of contents require specified 

information to appear on the principal display panel. The declaration of responsibility may appear 

anywhere on the package. On this proposal the “declarations” are required to appear “on the outside of 

the package.” This is a new placement requirement, and for future reference, it would be helpful if the 

submitter provide a complete explanation as to why it requires a placement outside the requirement. 

OWM assumes this is a specific prohibition against putting any of the required information on the 

package, where it is in anyway obscured (on inner wrappings or behind a peel-up label such as you see on 

bottles of pain medication is not allowed). Are we correct in understanding this requirement to mean that 

no exemption will be allowed? If that is the intent, it would help if the Committee added that to the 

historical record of the conference reports. They should indicate the submitter did not intend to allow any 

of information required under this section to be obscured in any way or presented on “easily” accessible 

inner labeling? We are asking for clarification because a similar question came up in a meeting with a 

cannabis packager who wanted to know some of the other information required under the UPLR 

information could be placed inside the package where it was still “easily” accessible like the peel-up 

labels consumers see on bottles of aspirin.

“Contains Cannabis” 

In trying to understand how the requirement in Section 10. Exemptions, 10.XX Cannabis and CannabisContaining Products will interact with other requirements within the UPLR we referred to Section 3.1. 

“Declaration of Identity – Consumer Package” which requires a package to have a product identity on the 
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principal display panel. The name for the product must be as listed in federal or state law, or the common 

or usual name or a generic name. The proposal reflects an ingredient labeling requirement that requires 

the words “Contains “Cannabis” to be shown somewhere on the principal display panel. As the area of 

the label on small packages is already limited OWM asks the Committee if any consideration would be 

given to making this ingredient statement optional, if the product identity includes the term “Cannabis”? 

Will placing the Delta-9 THC potency information on the bottom of the package or bottle be 

permitted? 

One frequently asked question in labeling compliance is “may the declaration of responsibility (or other) 

information appear on the bottom of the box or bottle?” If it is acceptable for the potency or mg/serving 

information to appear on the bottom of the box or bottle the current language certainly permits that. If the 

Committee does not intend to permit any of the required information to appear on the bottom of the box 

or bottle OWM recommends that a specific prohibition to the regulation be added. 

It is not clear as to what this proposal is trying to accomplish regarding the exemption, making it difficult 

to assess the proposal. If the exemption is intended to apply to non-food products, then simply exempting 

non-food products would be sufficient. Without any other rationale to justify including it, referencing 

Section 10.9. Textile Products, Threads and Yarns adds unnecessary complexity to the requirement., 

making it difficult to assess the proposal. If companies are claiming or referencing clothing or other 

products has having “cannabis” in it/them, what is the intent of doing so? Are companies trying to imply 

some advantage or benefit? If so, how is the consumer to assess that benefit or advantage? Without such 

assessment criteria, might such claims be considered misleading? 

We question how an inspector, or a company know when the exemption would/would not apply? It is not 

clear what is mean by the reference to “application.” This term needs to be better defined or explained. 

Does this include consumption? If so, might a better reference be “consumption or application?” If the 

intent is to only apply the requirement to “products for human consumption or application” then a simpler 

alternative might be to simply limit the paragraph accordingly. For example, “Cannabis and CannabisContaining Products Intended for Human Consumption or [Application]. 

Possibly the submitter can provide an additional background information or a justification explaining the 

rationale. Is this is needed for officials and industry to make an informed decision on the proposed 

requirement?

Some additional comments and suggestions.

• If the NCWM Cannabis Packaging and Labeling TG is disbanded, we recommend that PALS be 

the appropriate SME’s to develop and research labeling for cannabis.

• In the proposal the term Cannabis is italicized. As mentioned in the OWM comments on Block 3. 

when readers see terms presented in italics in a regulation, they may interpret that to mean the same 

text also has to appear on the package label in italics. It may help to reduce confusion if the 

Committee makes it clear whether the term must appear on the package label in italics or not. 
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Test Methods

When adopting a regulation that requires packers to have the THC levels displayed on their packages it is 

essential that the Committee provide information on the acceptable test methods to be used for 

enforcement. When placing any regulation of this type, the States (as well as the cannabis industry), must 

be able to test and verify the labeled claim or the regulation will not provide the intended protections. 

OWM agrees this is an essential labeling requirement for this commodity and believes enforcement will 

be critical for use in ensuring safety and preventing fraud and unfair competition. To see why this 

regulation is justified the Committee should review the type of problems FDA is finding with CBD 

labeled products and strength claims at Warning Letters and Test Results for Cannabidiol-Related 

Products | FDA).

After reviewing the 2022 Interim L&R Report OWM is recommending formatting changes that is easier 

to follow and apply. These changes also correct grammar within the current proposal (e.g., line 14 states 

“less that”). 

OWM has previously noted the term Cannabis being italicized. Is a requirement that it this term appear 

an italics style? If so, OWM recommends that the Committee add a statement to (a)(2). The word 

Cannabis shall appear in capitalization and italics style. If it is permissive the term “shall” could be 

replaced with “may”

10.XX. Cannabis and Cannabis-Containing Products – A Cannabis or Cannabis-containing 

product that is intended for human or animal consumption or application, the following 

information shall appear on the outside of the package: 

(a) On the principal display panel 

(1) a statement “Contains Cannabis”;

(2) a statement with either “contains less than 0.3 % total delta-9 THC” or “contains 

0.3 % or more total delta-9 THC”; and

(b) On the back or side panel 

(1) a declaration of the labeled cannabinoid per serving or application; and 

(2) the quantity declaration shall be in terms of milligrams. 

Cannabis Formatted as Italicized Text 

Within the proposed section title, the term Cannabis is italicized. When label designers see terms 

presented in italics in a regulation, they may interpret that to mean the same text also has to appear on the 

package label in italics. It may reduce the chance for confusion if the Committee makes it clear whether 

the term Cannabis must appear on the package label in italics or not. 

This type of issue occurred in the 1960s when the Federal Trade Commission (FTC) published their first 

regulations under the FPLA. FTC submitted the regulations to the Government Printing Office (GPO) 

with the symbol and abbreviations for units without periods. To address the concerns of the packers on 

limited package spacing the drafters felt that excluding the “period” would provide packers additional 

space they required. The misstep was the GPO editors applied government publication formatting and 

applied the period on all the symbols for units as abbreviations. The rules were published, and periods 
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were added to labels because of how they were expressed within the regulation, even though a separate 

section stated “periods” were optional. A lesson learned that if you put a term in a regulation in “italics” 

lawyers, label designers, and inspectors may interpret the regulation as it “shall” be shown on the label in 

that formatting style. 

OWM recommends this proposal as modified and that the requested survey of states be included as part 

of the Committee report. OWM recommends survey questions be presented to state directors promptly. 

This will allow adequate time for them to consult with legal counsel and provide their responses to the 

NCWM prior to the 2023 Interim Meeting. With all the information identified above and the OWM 

recommended modifications, we recommend it as a Voting Item, if not we recommend it as either 

Developmental or Informational. 

B3: MOS-22.2 – Section 1.XX. Cannabis and Cannabis-Containing Products and 2.XX. Cannabis 

and Cannabis-Containing Products.

OWM recommends that the Committee move only partial sections of this proposal forward as a Voting 

Item. The Committee will need additional time to address the requirements for limits on water activity, in 

additional answers to whether the state director’s authority under the State’s weights and measures law 

extends to promulgating the labeling requirements (e.g., warning statements, potency, ingredients and 

water activity) (see NIST OWM Comments in B3: PALS -22.1. Section 2. Definitions 2.XX Cannabis 

and Cannabis-Containing Products.”). 

As noted in the OWM comments on Block 3, we also highlighted below Item B3: PAL-22.1, water 

activity is associated with product quality and must be controlled by the packer of foods, drugs, and 

cosmetics to maintain product consistency and quality, and to avoid mold or product spoilage. These are 

health, safety, and other quality characteristics. The fundamental purpose of weights and measures laws 

is to ensure that declarations of quantity are accurate so consumers can make price and quantity 

comparisons which ensures ensure equity and fair competition in the marketplace. Both Federal and State 

packaging and labeling laws require that reasonable variations in quantity caused by the loss or gain of 

moisture must be allowed if they increase or decrease the quantity of a desiccating product. Weights and 

measures law do not define how much moisture a product must contain but only how the loss or gain of 

moisture changes the quantity beyond reasonable limits. The laws were written to prevent economic 

fraud and typically do not to give weights and measures directors authority to expand inspection programs 

into other areas of regulation such as food safety or quality. Therefore, in general, weights and measures 

inspectors do not enforce ingredient, potency, drug content, safety labeling, and water activity on other 

products in the marketplace solely under labeling authority granted under their current weights and 

measures laws. 

The Committee should request the NCWM Cannabis TG and the cannabis industry, and trade associations 

provide scientific studies and other information to justify and validate the limits of water activity 

requirements stated within the proposal. The Committee can have the data evaluated by a qualified panel 

of experts who could also assist in developing the justifications and technical language in the regulations. 

It is important to have due process and that growers, packers, distributors, retailers, and other stakeholders 

have adequate notice and an opportunity to comment on the water activity limits especially when 

violations of any regulations promulgated by the state may involve civil or criminal penalties including 

imprisonment. In developing of any law or regulation, it is important to balance the risks to consumers 

against the potential penalties. Consideration should be given for alternative approaches in addressing the 

problems caused by water activity, in lieu of criminalizing violations to control product potency or 

prevent spoilage. In all scientific procedures there are measurement uncertainties that should be 

consideration before a person is exposed to criminal or civil prosecution. For these reasons, OWM 
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recommends that the Committee seek out expert advice and establish reliable tolerances for water activity 

measurements to ensure both due process and fairness. 

The Committee should also seek expert assistance in developing the inspection and sampling procedures 

necessary to carry out enforcement, in addition to providing guidance to the States on appropriate test 

procedures. If field testing is contemplated, guidance on test equipment specifications and tolerances 

must be developed. When setting equipment specifications and tolerances, consideration should be given 

to NIST Handbook 44, Appendix A. Fundamental Considerations, Section 3. “Testing Apparatus.” In 

addition, the state metrology laboratory will need to be training and equipped to certify the devices used 

in field inspection. These important components should be developed and included with the water 

activity proposal before it is submitted for consideration to the NCWM. When a water activity limit is 

adopted, the states will be then be prepared to implement inspections and enforcement. 

This will allow the work to be closely integrated with the L&R Committee and allow the Committee to 

better lead in its development of the water activity and moisture loss and gain projects. This will also 

allow for coordination in the development of the field inspection sampling and laboratory testing 

programs that will be required.

• In addition, adding a recognized moisture test procedure a detailed set of instructions for selecting 

and handling the moisture samples will need to be provided. If an inspector seizes samples for 

testing, they will need to follow good sampling procedures and handling practices to ensure the 

samples are protected and stored properly prior to and after testing. If there are legal or other 

restrictions that apply to the seizure, handling, storage, or transportation of cannabis samples then 

these can be included in the instructions to assist the inspector.

• Water activity is not unique to Cannabis. Many (e.g., food) products have water activity that is 

needed to ensure quality and maximize shelf life. Water activity helps minimize texture changes, 

chemical reactions, and microbial spoilage. Throughout the history of state weights and 

measures, it has not been under the authority of weights and measures to ensure compliance of 

commodities to ensure quality (texture changes, chemical reactions, and microbial spoilage). 

When a Cannabis product spoils, is the intent to call weights and measures in to investigate? 

• The role, authority, and ability to carry out compliance by state weights and measures needs to be 

considered before adoption. Will proactive compliance testing be done, audit testing or will this 

be done on complaint only basis? It is clear to W&M as to the purpose. Consideration also needs 

to be given to how sampling will occur, how the lot is determined and whether a sample or the 

entire lot will fail. What are weights and measures protecting consumers and businesses from? 

• The Item Under Consideration 1.XX.X. only specifies an upper limit of 0.65. Water activity 

contains a lower limit of 0.55 as well. If water activity is of concern, both the upper and lower 

limit should be addressed. 

Water activity can change at any point during the supply chain, typically due to improper storage. 

Ultimately, it must be considered who will be held as the responsible party... the packers, distributor, 

seller, and whether specific requirements be added to ensure proper storage (e.g., relative humidity 

controls)? 

WATER ACTIVITY (additional comments are in Item B3: MOS-22.2) 

OWM’s comments are based in part on the following: 
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• “Water activity is different from water content (or moisture content), which is a measure of the 

total amount of moisture in a material and is usually expressed as a percentage of the total amount 

(% of total weight).”1

• Water activity is a primary concern in food safety. While water activity has a relationship to 

moisture content but “moisture content does not correlate as well as water activity with microbial 

growth, chemical stability, or physical stability.”2

 However, “water activity and moisture content 

are related through the moisture sorption isotherm.”1

 

• The only reason weights and measures officials are concerned with moisture content is in 

determining whether variations in the net weight of packaged goods due to the loss or gain of 

moisture are reasonable. Weights and Measures has not historically enforced product quality. If 

product quality is going to be enforced, then it is likely the additional requests will made by 

industry for Weights and Measures to enforce water activity in other commodities as well. 

• To define water activity and put the proposed water activity limits within context with other 

products (here the proposal requires the water activity of unprocessed cannabis to be 0.6 ± 0.05 

whenever it is sold, or ownership transferred) OWM presents the following. The FDA defines 

the “water activity of a food is the ratio between the vapor pressure of the food itself, when in a 

completely undisturbed balance with the surrounding air media, and the vapor pressure of 

distilled water under identical conditions. A water activity of 0.80 means the vapor pressure is 80 

percent of that of pure water.”3

 FDA further explains that “most foods have a water activity 

above 0.95 and that will provide sufficient moisture to support the growth of bacteria, yeasts, and 

mold. The amount of available moisture can be reduced to a point which will inhibit the growth 

of the organisms.” FDA explains that if the water activity of food is controlled to 0.85 or less in 

the finished product, it is not subject to the FDA regulations (see 21 CFR § 108 “Emergency 

Permit Control,” § 113 “Thermally Processed Low-Acid Foods Packaged in Hermetically 

Sealed Containers,” and § 114 “Acidified Foods.”3) 

• It should also be noted that all states that have regulations regarding Cannabis require that the 

water activity may not exceed 0.65. On the contrary, none of these states require a minimum of 

0.55 in their regulations. This implies that states are only concerned with mold growth and its 

potential safety affects, and not dehydration. 

OWM recommends that the Committee or Cannabis TG provide a document that includes specific 

citations to the studies and references or to the industry standards (e.g., ASTM) and the recommendations 

of the U.S. Pharmacopeia as these important references will be needed for the foreseeable future to allow 

1 See https://pccarx.com/Blog/why-water-activity-matters-in-pharmacy-compounding-rssid (Accessed 1/3/2023). Providing 

this URL to this commercial website does not mean that NIST endorses any product or service advertised on that website. This 

information is provided to assist the Committee in its consideration of this proposal.

2 See: “The What, How, and Why of Water Activity in Cannabis (https://www.cannabissciencetech.com/view/what-how-andwhy-water-activity-cannabis or https://www.cannabissciencetech.com/)” (Accessed 1/3/2023). Providing this URL to this 

commercial website does not mean that NIST endorses any product or service advertised on that website. This information is 

provided to assist the L&R Committee in its consideration of this proposal.

3 Water Activity (aw) in Foods | FDA (accessed 1/3/2023)
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for the development for use in developing training and in assisting the states in adopting enforcement 

policies and even test equipment requirements. 

It is important to note the FDA statement “water activity increases with temperature.”1

 Since there is a 

strong connection between these two factors OWM recommends that the proposal be amended to include 

suitable storage temperature and humidity limits wherever unprocessed cannabis is sold or ownership 

transferred. Further, consideration should be given to requiring sellers and processors to maintain and 

share this type of data with inspectors during inspections because it may prove invaluable to the inspector 

in determining if the variations in water activity and quantity due to the loss or gain of moisture are 

reasonable. Many other factors including the product’s natural moisture content and consistency impact 

moisture content and time and air flow also impact the rate of moisture loss (as do temperature and 

humidity) but none of those factors are typically subject to regulation by weights and measures 

regulations. However, OWM acknowledges that for cannabis, especially if water activity limits are 

adopted into regulation storage area humidity and temperature may be justified and critical in helping the 

cannabis industry to avoid violations. It appears these would fall within “Current Good Distribution 

Practices” which must be met under both Federal and State packaging laws for other package 

requirements when reasonable variations must be allowed. 

When the current moisture allowances for many other under consideration by the NCWM there was no 

discussion or intent to establish water activity limits or specific moisture content limits for flour (typically 

12 to 14 percent), pasta (31 to 32 percent during its plastic state when under production) or even meat and 

poultry products which may contain between 60 to 73 percent water. In part this is because weights and 

measures laws do not typically grant the director the authority to establish the moisture content limits for 

foods, drugs, or cosmetics. OWM recommends that Committee clearly state that weights and measures 

inspections to be conducted under this proposed regulation will limited to only cannabis (plant) that there 

is no intent to expand it products that contain cannabis. This statement of intent early in the consideration 

process may be helpful to future readers of the historical record. 

“When unprocessed Cannabis is sold, or ownership transferred”

OWM recommends that the Cannabis TG or Committee clarify how the language shown above is to apply 

in the real world that inspectors work in. OWM also recommends that the Cannabis TG or Committee 

provide examples of how an inspector is to enforce the water activity requirement without interfering with 

a commercial transaction. This may not be the submitter’s intent but as written and inspector cannot 

perform a water activity inspection of the cannabis until it is sold, or ownership transferred. That appears 

to put the inspector in a position of waiting until a commercial transaction is completed before 

compliance with this requirement is determined. Dependent on the time between the sale and inspection 

it raises potential challenges for the inspector because the buyer may have exposed the cannabis to 

mishandling or high temperatures. The water activity violation may be the fault of the buyer not the 

seller.

Enforcement problems like this arose frequently in the early years of package control when some 

legislatures passed similar legislation where the requirement for accurate net weight only applied to 

packages that had been sold. Under the laws written that style many states were left without the authority 

to inspect and test packages that were kept, offered for exposed for sale or sold until their legislatures 

amended these types of laws.

To ensure that inspectors have the authority to inspect products kept, offered, or exposed for sale or sold 

OWM recommends that the Committee consider amending this requirement as follows: 
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2.XX.X. Water Activity-When unprocessed Cannabis, is kept, offered, or exposed for sale, 

sold, bartered, or exchanged, or ownership transfers, the water activity shall be 0.6 (± 0.05). 

Unprocessed Cannabis is in compliance with this requirement unless the water activity is less 

than 0.55 or greater and 0.65. 

This language will ensure consistency with that in the NIST Handbook 130, Unform Weights and 

Measures Law under Section 11 “Powers and Duties of the Director” and will help ensure that this 

requirement can be effectively enforced at all levels of cannabis distribution and in any of the described 

transactions. OWM also recommends that the accuracy statement be clarified to clearly state the plus or 

minus values that must be exceeded for a violation to occur. 

After the L&R Open Hearings at the 2023 NCWM Interim Meeting, Lisa Warfield prepared the following 

draft language and presented it to the Chairs of the NCWM Cannabis TG and L&R Committee.

10.XX. Cannabis and Cannabis-Containing Products – 

10.XX.1. Definition – Cannabis is a genus of flowering plants in the family Cannabaceae, of 

which Cannabis sativa, indica, ruderalis are species., and any hybridization thereof. This 

definition includes products that contain 0.3 percent or less of Total Delta-9 

Tetrahydrocannabinol (THC) (also known as Hemp) and products that contain more than 0.3 

percent of Total Delta-9 THC (also known as cannabis, marijuana, or marihuana). 

10.XX.1. Labeling – Any Cannabis or Cannabis-containing products intended for human or 

animal consumption or application, shall bear on the outside of the package the following: 

(a) On the principal display panel 

(1) The statement “Contains Cannabis.” The word “Cannabis” shall be capitalized and 

italicized; and ;

(2) The statement “Contains 0.3 % or less Total Delta-9 THC” or “Contains more than 

0.3 % Total Delta- 9 THC”; and 

(b) On back or side panel 

(1) a declaration of the labeled cannabinoid per serving or application; and 

(2) the quantity declaration shall be in milligrams. 

(Added 20XX)

Definitions for commodities are not provided within the UPLR definitions section. However, the cannabis 

community and some regulators feel that it is important to define cannabis within the regulations. Lisa 

Warfield modified from Item (B3) PAL-22.1 and merged within Item (B3) PAL-22.2. . This action 

removes the definition from an improper location in the handbook. It is noted that traditionally we do not 

define products within the UPLR, but a concession was made. 
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Summary of Discussions and Actions:

At the 2022 NCWM Interim Meeting some members expressed support for this block to be Voting status. 

They remarked that without this language, people were creating fraud in the marketplace by ripping 

consumers off with short-weight sales.” The Arizona Dispensary Association supported moving this item 

forward as a Voting Item and stated that it is a 1.4 to 1.5-billion-dollar industry in Arizona. Charles 

Rutherford (CPR Squared and Co-Chair of the NCWM Cannabis TG) supported moving this item 

forward as a Voting Item. He further stated that bad actors can manipulate the drug and sell underweight 

flowers. He also indicated that education and training was needed, and that regulation was critical to 

ensure that consumers were not being shorted. The American Trade Association for Cannabis and Hemp 

(ATACH) stated it was an important next step for regulating the industry. 

Dr. Lippa (NIST OWM) responded to general comments and answered questions that were posed to 

OWM as to what OWM can do with language within the NIST Handbooks. Dr. Lippa stated that OWM 

is in discussion with NIST Office of Chief Counsel regarding the cannabis agenda items at NCWM. 

There are a few things for NIST related work: development to standards materials, high and low THC, 

and standards. There needs to be a distinction of the THC level that is regulated by the Farm Bill and the 

Controlled Substance Act (CSA). 

According to the CSA, high THC marijuana is an illegal drug and NIST cannot support guidance, 

training, and standards Recognizing this issue, NIST will be able to publish Handbook 130 with this item, 

but they will have to provide a disclaimer citing the CSA. OWM is in communication with NIST legal 

counsel on this matter and will continue to work and advice with NIST legal. 

The Committee assigned Voting status for this item at the 2022 NCWM Interim Meeting.

The Committee heard unanimous support for this item from Regulators and Industry who shared the need 

for it.

At the 2022 NCWM Annual Meeting, the Committee heard comments on each individual item in the 

Block. The Committee heard support for this item from the Co-Chair of the Cannabis Task Group and 

Matt Curran (Florida).

B3: PAL-22.1 – Section 2. Definitions 2.XX Cannabis and Cannabis-Containing Products.

The Committee received requests for changes from Joe Moreo (Trinity County, California). He requested 

and the Committee amend the proposal and include additional species of Cannabis be included. This 

change was made by the Committee, and they added “indica, ruderalis species and any “hybridization 

thereof” to the definition of Cannabis and Cannabis-Containing Products. The Committee also removed 

the capitalization of the word’s cannabis, marijuana, and marihuana. The Committee spelled out the 

acronym for “THC”.

David Sefcik also provided comments from the NIST OWM Executive. 

B3: PAL-22.2 Section 10. Requirements, 10.XX Cannabis and Cannabis-Containing Products.

The Committee removed the italicization of letter “C” in word “Containing” and made an editorial change 

to the language specifying the level of Total Delta-9 THC to harmonize with other sections.

The Committee changed the roman numerals to numerical and separated out paragraph (b) into 1 and 2.
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The Committee considered the testimony from David Sefcik and the NIST OWM Analysis provided to 

the Committee and published on the NCWM website.

David Sefcik also commented OWM still had concerns with “Cannabis” being italicized. It is not clear 

whether this is a requirement that the term “Cannabis” appear in italics style for packaging and labeling 

requirements, as stated in the proposal. As written, it could easily be implied that italics is required on all 

packages, and if required as part of labeling, is should explicitly say so. If not, it should clearly be stated 

that italics format is not required, or remove the italics format from the proposal, as to not cause 

confusion. As currently written, it can easily be implied capitalization and italics of the word cannabis is 

required on labeling.

Lastly, there are grammar corrections needed to line 3 which states “less that” rather than “less than” and 

subsection (b) in Line 5, uses the term “marketed” rather than “labeled”. 

Matthew Curran (Florida) supported the editorial change of italicizing and capitalizing “Cannabis”. 

Austin Shepard (San Diego County) supported the change to “Contains 0.3 % or less Total Delta-9 THC” 

or “Contains more than 0.3 % Total Delta- 9 THC.” The Committee changed the roman numerals to 

numerical and separated out paragraph (b) into 1 and 2. 

The Committee also considered the written NIST OWM analysis provided to the Committee and 

published on the NCWM website. They also made several grammar and formatting changes throughout 

the proposals: 

B3: MOS-22.2 Section 1.XX. Cannabis and Cannabis-Containing Products and 2.XX. Cannabis 

and Cannabis-Containing Products.

David Sefcik also provided comments from the NIST OWM Executive as to why it is unnecessary for an 

item to be added to the method of sale regulation. A few high-level points are noted, and additional 

technical information can be found in the NIST OWM Analysis:

• Uniform Weights and Measures Law, Section 16. Method of Sale, as well as the Uniform 

Packaging and Labeling Regulations, Sections 6.4. Terms: Weights, Measures, Volume or 

Count, specifies unit requirements for food and nonfood products. The MOS regulation typically 

defines unique commodities that fall outside the norm of how a particular commodity must 

sold. Cannabis is not a unique commodity. 

• It is not necessary to define cannabis because it has a known standard of identify. Without the 

need to add a definition this leaves only the portion related to water activity (aw). Water activity 

is used to measure the growth of microbes using ASTM D8197-21 – Standard Specification for 

Maintaining Acceptable Water Activity (aw) Range (0.55 to 0.65) for Dry Cannabis Flower 

Intended for Human/Animal Use which covers the water activity for safe cannabis storage. It is 

also used to identify the potency (THC level). 

In many states water activity testing would be conducted by an agency, other than weights and 

measures. Outside of fuel quality most weights and measures programs do not inspect and 

enforce quality and safety of most consumer commodities. W&M strives for equity in the 

marketplace but has not been involved with the health and safety side of commodities.

• Another consideration is the cost to purchase equipment. OWM notes that many state package 

checking inspection activities are not fee supported and would not be generating income by 

charging fees.
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The Committee made the following changes: 

• Harmonized the language in PAL 22.1 and MOS 22.2. Definition for Cannabis. In MOS-22.2 the 

definition for water activity was replaced with a reference to ASTM D 8197. The Committee 

also removed examples of product types that were provided. 

• Replaced the word “quantity” to “volume” in Sections 1.XX.X (a) and 2.XX.X.(a) Sale from 

Bulk. In 2.XX.X Water Activity was changed from 0.6 to 0.60. The Committee added a 

reference for the ASTM Water Activity test method. The Committee included additional species 

into the proposal. 

NCWM 2023 Interim Meeting, Cannabis Co-Chair and ASTM Rutherford remarked he had a supporting 

document that represented several state trade associations and U.S. Pharmacopeia. 

NIST OWM recommended that the Block be designated as Assigned and assigned to the Cannabis Task 

Group. NIST OWM provided recommended changes to the Block in their OWM Analysis. 

David Sefcik (NIST OWM) provided the following information to the Committee on Item PALS 22.21 

definitions. OWM does not believe having a definition is needed due to cannabis having a known 

standard of identity. The UPLR defines definitions of UPLR requirements, not commodities. We don’t 

believe the Committee intends on setting a precedent of defining commodities. For Item PAL 22.2 

Labeling, OWM has on record our concerns with “cannabis” being italicized and capitalized. The 

Committee should revisit as to where this requirement is coming from, and the justification be better 

understood. We are not aware of any state that has this requirement of an italic’s font type. OWM also 

ask that the Committee consider an effective date for the labeling revision. It is highly unusual to have a 

labeling Regulation with no implementation grace period. This regulation if passed, affects all type of 

commodities that contain cannabis, for example such items as lip balms and lotions. These and other type 

cannabis products need adequate time to be in compliance. FDA typically allows an 18 month to 3-year 

grace period for industry to be in compliance when a labeling change is required. Lastly, on Item MOS 

22.2 Method of Sale, OWM does not believe a method of sale is require as a method of sale already 

exists; cannabis is not a unique commodity. David Sefcik also noted that water activity testing would not 

be conducted by Weights and Measures agencies, but by other agencies as Weights and Measures does 

not enforce quality (other than fuels). Charlie Rutherford responded to David Sefcik’s comment 

regarding water activity and stated that without the definition of water activity and the ability to enforce it 

equity in the marketplace will not be achieved. Vince Wolpert (Arizona) responded to OWM comments 

and asked if NIST will participate in a moisture loss procedure. There is a break point where it can be 

sold gas station vs. dispenser. There is a need for a definition. Grain moisture meter, vs. water activity 

we would us it instead. Matt Curran stated that water activity that is not just quality it has a quantity 

aspect, and it should be recognized for a unique product like cannabis. He also remarked that last July 

this was only had two negative votes. He is also fine with a July 2024 date for labeling. Kurt Floren did 

not concur with OWM comments and believes cannabis is unique. Lisa Warfield (OWM) remarked that 

inspectors will need to have a test procedure within NIST HB133 that inspectors will need to test. For 

safety, what type of protective year and transporting is required. 

The Committee received modified language from OWM that blended language from PAL-22.1 and 

merged within Item PAL-22.2. This action removed the definition from an improper location in the 

handbook. Therefore, the Committee withdrew PAL-22.1 - Section 2. Definitions Cannabis and 

Cannabis-Containing Products. During Committee work session, the Committee did change the effective 

date of enforcement to January 1, 2025, for Item B3: PAL-22.2. The Committee then considered the 

Items within Block 3 to be fully developed and moved forward as a Voting item.
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Regional Association Reporting: 

Western Weights and Measures Association

At the 2021 WWMA Annual Meeting, Ms. Hahn expressed concern with percentages of THC were of a 

more qualitative nature and not necessarily within the purview of weights and measures. Kurt Floren

(Los Angeles County, California) addressed the comments and concerns on quality issues as a general 

matter is not our purview in weights and measures. He mentioned how quality issues are a purview of 

weights and measures in matters of fuel with octane levels and viscosity of oils that must meet standards. 

He mentioned that this would be similar in Cannabis, in that THC levels are a part of the identity of the 

product, and that it is an important component in determining the value and allowing for value 

comparison. Kurt Floren stated that States are in different stages of regulation, and there is going to be a 

need for uniform standards. Charlie Rutherford (Co-Chair of Cannabis TG, CPR2

) that cannabis is an

industry with a high black-market value and that it is unique with regards to water activity and that are 

needed to help avoid manipulation. Cadence Matijevich (Nevada) provided testimony that the State of 

Nevada’s Department of Agriculture does not have authority over cannabis packaging and labeling 

regulations, that it is under the purview of the Nevada Cannabis Commission. Joe Moreo (Trinity

County, California) provided testimony that different species including Cannabis indica and Cannabis 

ruderalis should also be provided in the definition. Lisa Warfield (NIST OWM) provided testimony that 

was based on the OWM Analysis that was submitted as the supporting documentation.

The Committee recommends this Item be Assigned to the Cannabis Task Group. We recommend the 

NCWM L&R Committee consider the following:

• The need to establish an authority in the Uniform Weights and Measures Law to provide 

jurisdictions with authority to enforce the proposed regulations.

• Conduct outreach to state authorities and the industry groups to gain a deeper understanding of 

the issues pertaining to this item.

• Conduct a survey of the jurisdictions, where the following items are addressed:

• Have Directors consult with their department’s attorney to determine if adding the definition and 

other Cannabis proposed requirements to the uniform packaging and labeling regulation or 

method of sale for commodities regulations will cause a conflict with other state laws or 

regulations. 

• Establishing the method of sale by weight and establishing minimum load requirement to NIST 

Handbook 44 are of course within weights and measures authority but some of the labeling and 

method of sale requirements may not be within the current regulatory authority of some weights 

and measures programs.

• The most significant question is if state’s weights and measure law authorize the director to adopt 

rules and regulations that require ingredient labeling, safety warnings, potency declarations and if 

they allow the director to establish and enforce water activity limits and verify potency labeling.

The Committee recommends that the TG consider altering the definition of “Cannabis and Cannabis 

Containing Products” utilizing the minor edits presented in the OWM Analysis supporting 

documentation. The Committee also recommends including the comments from Joe Moreo during open 

hearing testimony that other species of the Cannabaceae family such as, Cannabis indica, and Cannabis 

ruderalis may need to be included in the definition.
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2.XX. Cannabis and Cannabis-Containing Products – Cannabis is a genus of flowering plants in 

the family Cannabaceae, of which Cannabis sativa, Cannabis indica, Cannabis ruderalis is are a

species. This definition includes products that contain 0.3 percent or less of Total Delta-9 THC (also 

known as Hemp) and products that contain more than 0.3 percent of Total Delta-9 THC (also known 

as Cannabis, Marijuana, or Marihuana). 

The Committee recommends that the Cannabis TG consider altering the proposed language for this item. 

The intent of the item and the language is unclear, and the Committee recommends that the Cannabis TG 

review the language and the questions posed in the OWM analysis supporting documentation, to clarify 

intent and comprehensively address exemptions. 

MOS 22.2- The Committee feels that this item is mostly developed but has concerns regarding the parts 

that address water activity. The Committee recommends that Cannabis TG review the OWM analysis 

supporting documentation and address questions regarding water activity including test procedures. 

At the 2022 WWMA Annual Meeting, Charles Rutherford (Co-Chair NCWM Cannabis TG) wanted to 

remind jurisdictions that did not vote on this item that it is important both to jurisdictions that need 

Cannabis regulations, and the item also includes Hemp regulations that are needed by many states. Kurt 

Floren (Los Angeles County, California) supports this item moving forward with an editorial change: 

PAL-22.2 - 10.XX (b) (2) the cannabinoid quantity declaration shall be in milligrams.

Kevin Schnepp (CDFA DMS) supported the item moving forward as a Voting Item with Kurt’s edit. 

Based on the testimony heard, the WWMA L&R Committee recommends this item for Voting status.

Central Weights and Measures Association

At the 2021 CWMA Interim Meeting, Doug Musick (Kansas) commented CFR 990.1 defines total delta 

9 THC. Loren Minnich (Kansas) commented that Kansas defines Cannabis in a way that allows the sale 

of a different compounds similar to cannabis, and he thinks it should be considered in the development of 

this item. Matt Curran (Florida regulator and member of the NCWM Cannabis TG) commented that the 

USDA CFR reference of total delta 9 applies to growth of crops only. Dr. Curran further commented that 

the term cannabinoids reference a broader group of products since states vary. Lisa Warfield commented 

that there are already regulations that can apply to the sale of any item, but each product is not listed. 

There are also package and labeling regulations currently in the handbook. OWM requests that states 

provide input to NCWM as to whether adding definitions would be problematic or conflicting within their 

states. Lisa Warfield further commented that new language was submitted through WWMA and 

NEWMA, and that the CWMA L&R Committee consider these changes. She asked that the Committee 

move the water proposal out of Block 3 and consider it separately. Dr. Curran clarified that this item 

refers to the plant itself – not as an ingredient. He also commented that it is important for the regulatory 

community to remain relevant in the marketplace by developing code in a timely manner. Charlie 

Stutesman (Kansas) commented that he believes waiting on further development puts us even farther 

behind where commerce currently is. Ivan Hankins (Iowa) supports the item moving forward with Voting 

status and suggests the development of a handbook for states who regulate cannabis. 

Based on comments during open hearings, supporting documents and discussions, the Committee 

believes this item is fully developed and ready for Voting status. 

At the 2022 CWMA Annual Meeting, Lisa Warfield recommended this as a Developing Item or Assigned 

to the Cannabis Task Group to obtain additional information that OWM has recommended in their

analysis. She read the following statement from NIST OWM.
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“Cannabis” Statement from NIST OWM:

As a non-regulatory metrology institute, NIST defers to federal agencies with regulatory authority under 

the Controlled Substances Act (CSA) for the scheduling of drugs or other substances. NIST does not 

have a policy role related to the production, sale, distribution, or use of cannabis (including hemp and 

marijuana). 

While the 2018 Farm Bill removed hemp from the list of controlled substances under Schedule 1 of the 

CSA, marijuana remains on that list. NIST must respect that distinction even as it exercises its statutory 

authority to develop and disseminate national weights and measures standards for the production, 

distribution, and sale of products in the commercial marketplace. 

NIST remains committed to providing technical assistance to the weights and measures community. 

OWM has provided key technical points for the community to consider in its deliberations of cannabisrelated proposals, and OWM would be happy to provide any necessary clarification. OWM comments 

are intended to encourage technically sound application of legal metrology laws, regulations, and 

practices to the measurement and sale of these products.

Lisa Warfield commented on the following:

PAL 22.2 Section 10. Requirements 10.XX Cannabis and Cannabis Containing Products

After reviewing the 2022 Interim L&R Report OWM is recommending formatting changes that are easier 

to follow and apply. This also corrected some of the grammar (e.g., line 14 states “less that”). In (b) is 

uses the term “marketed”, a proper term would be “of the labeled cannabinoid.” 

The Committee discussed Lisa Warfield’s suggested changes and recommends the item remain a Voting 

Item with the following revisions to the version appearing on the current agenda: 

10.XX. Cannabis and Cannabis-Containing Products – Any Cannabis or Cannabis-containing 

products intended for human or animal consumption or application, shall bear appear on the 

outside of the package the following information: 

(a) On the principal display panel 

i. The a statement “Contains Cannabis”;

ii. The a statement with either “contains less than 0.3 % total delta-9 THC” or 

“contains 0.3 % or more total delta-9 THC”; and

(b) On the back or side panel 

i. a declaration of the marketed labeled cannabinoid per serving or application; and 

ii. the quantity declaration shall be in terms of milligrams. 

At the 2022 CWMA Interim Meeting, Doug Musick (Kansas) asked if on line 31 on page 122, the third 

time the word “cannabis” is used it should be italicized. Craig VanBuren (Michigan) agreed the word 

cannabis should be italicized and is editorial in nature. He further commented the item has not changed 

since the previous vote and is fully developed and ready for Voting status. Doug Rathbun (Illinois) 

supports the item moving forward with Voting status. Charlie Rutherford (ASTM/ NCWM Cannabis 
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Task Group) commented he agrees with the editorial changes for cannabis being italicized and hopes, 

whether states have legalized cannabis for medicinal or recreational use, they will make an effort to be 

informed and participate in voting for these items. They also include hemp, and the model language will 

be established prior to future legalization. Based on testimony and previous vetting and development of 

this item, the Committee concurs this item is fully developed and is ready for Voting status. 

At the 2023 CWMA Annual Meeting, no comments were received and the Committee believes this item 

is fully developed and ready for a Voting status.

Southern Weights and Measures Association

At the 2021 SWMA Annual Meeting the Committee recommended the block proceed with the following 

language changes:

PAL-22.1 

The Committee wants to consider the suggestion from the OWM to change from the symbol for percent 

(%) to the written word percent. In addition, change the word “section” to “definition”. The suggested 

language would read as follows:

2.XX. Cannabis and Cannabis-Containing Products – Cannabis is a genus of flowering plants 

in the family Cannabaceae, of which Cannabis sativa is a species. This definition includes 

products containing more than 0.3 percent Total Delta-9 THC (also known as Cannabis, 

Marijuana, or Marihuana) and products containing 0.3 percent or less Total Delta-9 THC (also 

known as Hemp). 

PAL-22.2 

10.XX. Cannabis and Cannabis-Containing Products- Any Cannabis or Cannabis-containing 

products, with the exception of commodities listed under Section 10.9 Textile Products, Threads 

and Yarns and other non-food products not intended for human or animal application, shall 

bear on the outside of the package the following:

(a) On the principal display panel

(i) The statement “Contains Cannabis.” 

(b) On any panel or surface of the package

(i) The statement “Contains more that 0.3 % Total Delta-9 THC” or “Contains 0.3 % 

Total Delta-9 THC or less.” 

(ii) A declaration of the number of milligrams of each marketed cannabinoid per 

serving or application.

MOS-22.2 

1.XX.X. Water Activity-When unprocessed Cannabis, is kept, offered, or exposed for sale, 

sold, bartered, or exchanged, or ownership transfers, the water activity shall be 0.6 (± 0.05).
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2.XX.X. Water Activity-When unprocessed Cannabis, is kept, offered, or exposed for sale, 

sold, bartered, or exchanged, or ownership transfers, the water activity shall be 0.6 (± 0.05). 

The Committee believes this Item Block 3 (B3) is fully developed and recommends it to go to the 

NCWM L&R Committee with a Voting status. The Committee recommends the Cannabis TG take into 

consideration recommendations from the OWM analysis, i.e., the survey to State Directors, this could 

help identify the need for development of items in other sections of the Handbooks, i.e., Powers and 

Duties of the Director. 

At the 2022 SWMA Annual, Charlie Rutherford (NCWM Cannabis Task Group) and Matthew Curran 

(Florida) spoke in support of this as a Voting Item. Lisa Warfield (NIST OWM) spoke on the topic of 

packaging and labeling for cannabis and the format to be used in handbooks, regarding italicization in the 

PDP on the product labeling and whether it’s use has been clearly defined. She believes cannabis has a 

known standard of identity and does not need to be added to the handbooks. She does not believe that a 

method of sale is needed for this commodity. 

Matthew Curran (Florida) expressed concern over the use of the italicization and terminology, stating that 

potential legal and taxonomic concerns which could result from not having a required formatting of the 

labeling. He states the committee needs to decide. He also thinks that method of sale and moisture 

content should be accounted for.

This is a carryover item that did not pass at the last National meeting and was returned to the Committee. 

No changes have been made since the last vote. 

The Committee wants the National L&R Committee to consider if an implementation date for 

recommended labeling changes is needed. The Committee recommends this as a Voting Item on the 

NCWM agenda.

Northeastern Weights and Measures Association 

At the 2021 NEWMA Interim Meeting, Jim Cassidy (NCWM Cannabis WG Co-Chair) commented that 

these items are fully developed and ready for Voting status. David Sefcik (NIST OWM) commented that 

the NIST analysis is comprehensive and was provided to address potential problems with some of the 

items. Dr. Curran commented that much work has already been done by ASTM and numerous comments 

have been received to develop these items for model regulation. Charlie Rutherford (CPR Squared and 

Co-Chair – NCWM Cannabis WG) commented that the answers to several of NIST’s questions and 

comments have already been addressed and he has sources that can provide additional information. 

Lisa Warfield commented that there are typographical errors in the title of these block items. The 

Committee recognizes and supports the corrections as they appear in the WWMA Report. Lisa Warfield

also expressed concern that there are additional areas that appear in the NIST analysis in this block of 

items that should not be overlooked. Dr. Curran reviewed the recommended changes in the NIST 

analysis and is agreeable to NIST’s proposed changes. Lisa Warfield suggested adding a Section 11. 

Powers and Duties of the Director, in the Uniform Weights and Measures Laws. Marc Paquette 

(Vermont) Cheryl Ayer (New Hampshire) have no objections to the proposed changes in the NIST 

analysis. David Sefcik asked if Section 11 should be its own proposal because it does not fall under 

UPLR subject matter. David Sefcik further suggested that the word “number” be changed to “quantity” 

in PAL 22.2.(b) (ii). John McGuire proposed that Section 10.XX. along with the revised wording from 

Dr. Curran from Section B; Section C wording be changed from “number” to “quantity”; and adding a 

new Section 11 from the NIST analysis all be revised. Mike Sikula (New York) expressed concern for 

states who do not have a cannabis program and do not recognize it yet as a legal substance for 
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commercial sale. He wondered if adding this section to the Method of Sale in Handbook 130 would 

somehow unintentionally require them to enforce a substance not legal for commerce in their states. 

In PAL 22.1, OWM recommends that the definition in 2.X.X. Cannabis and Cannabis Containing 

Products be reordered to provide clarity. The proposed wording below is recommended by the 

Committee: 

2.XX. Cannabis and Cannabis-Containing Products – Cannabis is a genus of flowering plants 

in the family Cannabaceae, of which Cannabis sativa, Cannabis indica, Cannabis ruderalis is

are a species. This definition includes products that contain 0.3 percent or less of Total Delta-9 

THC (also known as Hemp) and products that contain more than 0.3 percent of Total Delta-9 

THC (also known as Cannabis, Marijuana, or Marihuana.

NEWMA recommends the following new language for PAL-22.2.: 

Section 10. Requirements: Specific Consumer Commodities, Non-Consumer Commodities, Packages 

and Containers 

10.XX. Cannabis and Cannabis-Containing Products – Any Cannabis or Cannabis-containing 

products, shall bear on the outside of the package the following:

(a) On the principal display panel

(i) The statement “Contains Cannabis.” 

(b) On any panel or surface of the package

(i) The statement “Contains more that 0.3 % Total Delta-9 THC” or “Contains 0.3 % 

Total Delta- 9 THC or less.” 

(ii) A declaration of the quantity of milligrams of each marketed cannabinoid

(Added 20XX)

MOS 22.2 - David Sefcik commented that there were questions raised regarding water activity and 

product quality and believes these items should be further considered. Matt Curran commented that not 

only is water activity a quality issue, but also a quantity issue just as moisture content is in many other 

commodities. He commented that ASTM has developed a standard (D8917) for moisture content and 

water activity and these block items only apply to the cannabis product itself, but not as an ingredient in 

another item such as brownies, etc. David Sefcik commented that laws and regulations have been written 

to prevent economic fraud rather than to address quality and safety issues. He believes that water activity 

could fall under the same quality-related category. He stated that there needs to be test equipment, 

procedures, and reliable tolerances for water activity measurements for enforcement purposes. The 

Committee believes this item is fully vetted and ready for Voting status.

NET 22.1 - David Sefcik commented that this item seeks to set a moisture allowance (loss or gain) and to 

his knowledge no work has been done or data provided to determine support the proposed plus or minus 

allowance. It appears to be arbitrary. Mike Sikula concurs with David Sefcik and questioned if water 

activity and moisture content are the same thing? Dr. Curran commented that water activity is free water 

available in the product. Moisture content measures the content of water in the product. Ms. Ayer asked 

if it is necessary for the lower-case cannabis to be used in parenthesis. Dr. Curran suggested it was a way 

to clarify terms. Charlie Rutherford commented that the TG believes the item is developed “enough” to 
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be granted Voting status to have something in place to combat consumer fraud. Lisa Warfield

recommended removal of the allowance in Table 2.3 and that it be placed in its own table and who would 

be responsible for training. The Committee recommends that NET 22.1 only be given Assigned. The 

Committee recommends that the TG review the OWM analysis for this item and address the need for 

technical studies (data) for moisture loss and gain.

At the 2022 NEWMA Annual Meeting, John McGuire noted that the NCWM Cannabis TG, NCWM 

L&R Committee, and the NEWMA L&R Committee recommends removing this block and making them 

individual items to ensure each item is fully considered. Considering these comments, each item in the 

block was opened individually for comments. 

PAL 22.1. Section 2. Definitions 2.XX Cannabis and Cannabis-Containing Products. - Jim Willis (New 

York) stated he believes this item is fully developed and many members have seen these items. These are 

generally accepted numbers for THC. No additional comments received during the open hearing. 

NEWMA L&R Committee recommends this item continues to be a Voting Item.

PAL 22.2. Section 10. Requirements Section 10. Requirements, 10.XX Cannabis and Cannabis 

Containing Products - No additional comments received during the open hearing. NEWMA L&R 

Committee recommends this item continues to be a Voting Item.

MOS 22.2. Section 1.XX. Cannabis and Cannabis-Containing Products and 2.XX. Cannabis and 

Cannabis-Containing Products - Jason Flynn (New Jersey) noted that on page 129 of the NEWMA L&R 

Committee submission, Section 1.XX.X. Water Activity, line 16, language describes the latest version of 

water activity. In reference to ASTM D8197, questions whether we should reference the ASTM standard 

or include the verbiage since ASTM standards are regularly updated. NEWMA L&R Committee believes 

to be consistent with the rest of the NIST Handbook 130, referencing the ASTM standard is the 

appropriate. No additional comments received during the open hearing. NEWMA L&R Committee 

recommends this item continues to be a Voting Item.

NET 22.1. HB133, Section 1.2.6. Deviations Caused by Moisture Loss or Gain and Section 2.3.8. Table 

2-3 - Jimmy Cassidy noted TG continues to work on dealing with moisture content and moisture in the 

case of cannabis is the opposite of what weight and measures is familiar with (moisture loss vs. moisture 

content). He related an analogy as to how a humidor operates to protect cigars, so cannabis needs to have 

a certain moisture content to be a viable product and needs to be tested that way. Jimmy Cassidy 

questioned NIST’s role in publishing these items. Tina Butcher responded, “once the NCWM votes and 

passes specific language, it is NIST’s intent to publish the content, subject to legal review, reflecting that 

NIST does not have a policy role as to marijuana’s status as a Schedule 1 controlled substance.” 

NEWMA L&R Committee recommends this item continues to be an Assigned Item. 

At the 2022 NEWMA Interim Meeting, Chair Sakin commented on the history of these items and 

believes they are fully developed and ready for Voting status. Charlie Rutherford (ASTM) expressed his 

appreciation for support of these items and cautioned against delaying passage of these items because 

they also refer to hemp. He further commented that several states continue to move forward adopting 

medicinal and recreational uses of cannabis. Lou Sakin (Holliston, Massachusetts) commented that he 

has several growers in his area and believes these items needs to move forward as Voting Items. Lisa

Warfield (NIST OWM) provided separate comments on each of the items in the block as follows:

B3: PAL-22.1. – Section 2. Definitions, 2.XX. Cannabis and Cannabis-Containing Products - Section 2 

Definitions defines terms as they are used in the UPLR; these are not intended to define commodities in 

the marketplace (ex. of definitions: package, nonconsumer, consumer, person, principal display). The 

UPLR does not define products or commodities. This item could set a precedent for defining 
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commodities. “Cannabis” has a known standard of identity; it is not necessary to add a definition to the 

handbook.

B3: PAL-22.2. – Section 10. Requirements, 10.XX. Cannabis and Cannabis-Containing Products - The 

FDA has already established criteria for packaged products states product identity locations on package 

(PDP), net contents, and declaration of responsibility. Determining font style for packaged products 

would set an unintended precedent for NCWM. OWM has previously noted concerns with “Cannabis” 

being italicized. It is written in the cannabis regulation in Italics format. As this item is written, it reflects 

a requirement that the term “Cannabis” appear in italics style on the principal display panel. If adopted, 

OWM recommends the Committee add the statement to (a)(2); “the term Cannabis shall appear in 

capitalization and italics style on the principal display panel.” If it is not a requirement the capitalization 

and italics format must be removed to avoid confusion in labeling requirements.

If this change is adopted manufacturers will need time to change their labeling and use up their current 

labels. She concluded with a reminder that this item pertains to more than cannabis sales and includes 

such products as clothing, lip balms, and lotions to name a few.

B3: MOS-22.2 Section 1.XX Cannabis and Cannabis-Containing Products and 2.XX Cannabis and 

Cannabis-Containing Products - OWM does not concur that a method of sale is necessary for this 

commodity. The Weights and Measures Law, Section 16. Method of Sale already exists and states that 

commodities in liquid form shall be sold by liquid measure or by weight, and that commodities not in 

liquid form shall be sold by weight, by measure or by count. It further states that the method of sale shall 

provide accurate and adequate quantity information that permits the buyer to make price and quantity 

comparisons. 

Charlie Rutherford commented that the most significant issue discussed by Lisa Warfield is waiting to 

implement labeling requirements. He said there are no pre-printed labels in this marketplace. Lou Sakin 

asked if states call products by varied terms. Charlie Rutherford replied that there is no standard 

terminology, and he believes that the L&R Committee should decide whether the word cannabis should or 

should not be italicized. Walt Remmert (Pennsylvania) supported this with Voting status taking into 

consideration NIST comments. Jason Flint (New Jersey) and Jimmy Cassidy concur. The Committee 

recommends Voting status for this item.

At the 2023 NEWMA Annual Meeting, they noted that PAL 22.1 should be removed from block and list 

as Withdrawn. Cannabis Co-chair Rutherford, questions the committee’s enforcement date of January 1, 

2025, relating that the task group believes it should be immediate.

Lou Sakin, noted that producers of Cannabis products can processing labels in real time, and this 

shouldn’t be a reason for delaying enforcement. Jim Cassidy agrees that the proposed January 2025 is too 

far out for enforcement and should be January 2024. He further noted that industry will be aware 

immediately. Jason Flint also agrees with January 2024 enforcement date. Cheryl Ayers, New 

Hampshire also agrees with the proposed January 2024 enforcement date. 

Jim Willis, (New York), asked for an explanation from Charlie Rutherford concerning what is being done 

in the Michigan testing concerning water activity. Charlie Rutherford provided an overview. Lou Sakin 

offered insight that the water activity is like moisture in pasta but also affects the potency of Cannabis.

The Committee recommended this block as a Voting item.
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Item Block 4 (B4) E-commerce 

WAM-23.1. V Section 11. Powers and Duties of the Director

OTH-22.1. V HB130 – Uniform E-commerce Regulation

Source: NCWM Packaging and Labeling Subcommittee

Submitter’s Purpose and Justification:

Add e-commerce compliance to the powers and duties of the Director. It has been suggested that if the ecommerce regulation is adopted for inclusion in NIST Handbook 130, expanding the powers and duties of 

the Director in the model Weights and Measures Law would be useful.

The most likely arguments against adoption of this proposal center on whether individual programs feel 

this section of the model law is too restrictive in defining the scope of a weights and measures program or 

if the membership concludes the E-commerce regulation is better published as a stand-alone NCWM 

standard.

Provide an update of the activities of PALS which works on direction from and reports to the L&R. This 

is to propose a new regulation for Handbook 130 covering sites and products which are sold through ecommerce.

While e-commerce continues to grow and evolve, most people, entities, and regulators are trying to 

extrapolate existing requirements to these sites and products involved with e-commerce – with varying 

degrees of success. This regulation is intended to be a foundation for e-commerce regulation, focusing 

just on basic requirements such as the name of the item the net quantity of the item, and the price of the 

item.

Some may argue that existing regulations are good enough and NCWM should wait for other Federal 

Agencies to take the lead. Companies may need time in order to change their websites or products to 

comply.

NIST OWM Executive for Item Block 4 (B4) E-commerce

NIST OWM Recommendation: OWM believes that Item WAM-23.1.is fully developed and should 

proceed if OTH-21.1 moves forward as a Vote. On OTH-21.1 NIST is recommending the changes 

noted in the Crosswalk (see below).

• For OTH-21.1 NIST OWM offers up recommended changes to the Item Under Consideration in the 

Crosswalk (see below). In addition, the NCWM L&R Supporting Documents provides for a clean 

version of the E-commerce Regulation reflecting all the changes specified in the crosswalk.

• NIST OWM believes WAM-23.1 and OTH-21.1 must remain as a “block” through the 

adoption process. 

• PALS member’s, Chair Guay, David Sefcik, and John McGuire met with FTC on January 26, 

2023, and provided an overview of the e-commerce regulation. On May 3, 2023, PALS met to 

review FTC’s letter (dtd. 4/10/2023) which contained FTC staff comments on the draft 

language. 
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• Item WAM-23.1. – Section 11. Powers and Duties of the Director products subject to unit 

pricing on E-commerce sites, the states should consult with their legal counsel to determine if 

their state has authority to enforce the e-commerce regulation (if adopted) or whether having a 

(model) weights and measures law is needed. 

Crosswalk of language as it appears in OTH-21.1 and NIST Recommended Changes

Language as it appears in NCWM Pub. 16 (2023) NIST OWM Recommended changes

Section 1. 

This regulation shall apply to products and transactions 

which occur when purchasers are not present to 

purchase a consumer or non-consumer product in 

person. 

This regulation specifically establishes requirements 

for web-based sales (including smartphone and 

computer applications) and other sites/programs which 

offer products for sale and permit customers to make 

purchases without being physically present to inspect 

and select individual products and commodities inperson. This regulation also applies to any product 

information which shall accompany the transactions 

including labeling and receipts. 

Section 1. Application

This regulation shall apply to products and transactions 

which occur when purchasers are not present to 

purchase a consumer or non-consumer product in 

person. 

This regulation specifically establishes requirements 

for web-based sales (including smartphone and 

computer applications) and other sites/programs which 

offer products for sale and permit customers to make 

purchases without being physically present to inspect 

and select individual products and commodities inperson. This regulation also applies to any product 

information that which shall accompany the 

transaction(s) including but not limited to labeling 

and receipts. 

For Section 2. Definitions: 

• NIST OWM Recommends that “Section 2. Definitions” be placed into the NIST HB in alphabetical order. 

As in past situations similar to this, NIST has been authorized editorial rights for this change.

• Clarifying the definitions in 2.1. Product, 2.2. Consumer Product, and 2.3. Non-Consumer Product to 

align with the following Definitions, 15 C.F.R. § 16.3, Definitions, 15 U.S.C. § 2052, and Terms Defined 

16 C.F.R. § 500. 

• Sections 2.19. SI or SI Units and 2.20. U.S. Customary Units definitions are already defined within NIST 

Handbook 130. 

Section 2. Section 2. Definitions

2.1. Product – An article, commodity or substance 

that is manufactured, grown, harvested, mined, or 

refined for sale. 

2.1. Product – An article, commodity, or substance 

either packaged or unpackaged that is

manufactured, grown, harvested, mined, refined, or 

a package introduced into commerce. 

2.2. Consumer Product – A product sold or 

offered for sale in packaged or bulk form which is 

intended for personal use in a home or residence.

2.2. Consumer Product – A product sold or offered 

for sale in either packaged, unpackaged, or in bulk 

form which is intended for personal use in a home or 

residence consumption or use or enjoyment, by an 

individual or individuals.

2.3. Non-Consumer Product – A product sold or 

offered for sale which is intended for use by a 

2.3. Non-Consumer Product – A product other 

than a consumer product sold or offered for sale 
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business or institution customer for industrial use 

or wholesale distribution. 

which is intended for use by a business or 

institution customer and a product intended solely

for industrial or institutional use or for wholesale 

distribution. 

2.4. Online Marketplace – Any person or entity 

who operates an electronically accessed platform 

that includes features that allow for, facilitate, or 

enable sellers to engage in the sale, purchase, 

payment, storage, shipping, or delivery of a product 

within the U.S., is used by sellers for such purposes, 

and has a contractual or similar relationship with 

its users governing their use of that platform to sell 

and purchase products. 

2.4. Online Marketplace – A Any person or entity 

who operates an electronically accessed accessible

platform that includes features that allow for, 

facilitates or enables sellers to engage in the sale, 

purchase, payment, storage, shipping, or delivery of a 

product(s) within the U.S. This is used by sellers for 

such purposes and has a contractual or similar 

relationship with its users governing their use of that 

platform to sell and purchase products. 

2.7. E-commerce Site – The site, program or 

interface through which customers make product 

purchases by means of e-commerce. An ecommerce site may be a manufacturer website, a 

retail website, an online marketplace, a delivery 

service site, a phone application, or other interface 

in which the customer is physically not present to 

inspect and select products. 

2.7. E-commerce Site – An The online site, 

program, or interface through which a customer makes 

product purchases by means of e-commerce. An ecommerce site may be a manufacturer website, a or 

retail website, an online marketplace, a delivery 

service site, phone application, or other interfaces in 

which the customer is physically not present to inspect 

and select products.

2.10. Package. – Except as excluded by Section 1, 

the term “package,” whether standard package or 

random package, means any consumer product or 

non-consumer product which is:

2.10. Package. – Except as excluded by Section 1. 

Application, the term “package,” whether standard 

package or random package, means any consumer 

product or non-consumer product which is:

2.19. SI or SI Units – SI or SI Units means the 

International System of Units as established in 1960 

by the General Conference on Weights and 

Measures (CGPM) and interpreted or modified for 

the United States by the Secretary of Commerce.

2.19. SI or SI Units – SI or SI Units means the 

International System of Units as established in 1960 by 

the General Conference on Weights and Measures 

(CGPM) and interpreted or modified for the United 

States by the Secretary of Commerce. See the 

“Interpretation of the International System of Units 

for the United States” in the “Federal Register” 

(Volume 73, No. 96, pages 28432 to 28433) for May 

16, 2008, and 15 United States Code, Section 205a - 

2051 “Metric Conversion.” See also NIST Special 

Publication 330, The International System of Units 

(SI), 2019 edition and NIST Special Publication 811, 

Guide for the Use of the International System of 

Units (SI), 2008 edition that are available at 

https://www.nist.gov/pml/owm/owm-products-andservices/publications-and-documentary-standards

or by contacting TheSI@nist.gov. 

2.20. U.S. Customary Units – Units based upon 

the inch, foot, gallon, and the pound commonly used 

in the United States of America. U.S. customary 

units include units for weight, liquid measure, 

linear measure, area measure, volume measure and 

dry measure (see NIST Handbook 130, UPLR 

2.20. U.S. Customary Units – The U.S. 

customary system of weights and measures is 

recognized as a proper system to be used in the 

declaration of quantity. The declaration of quantity 

is based on weight, measure, or count. (See NIST 

Handbook 130, UPLR Section 6. Declaration of 
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Section 6. Declaration of Quantity: Consumer 

Packages for additional information). 

Quantity: Consumer Packages for additional 

information).

Section 3. Required Declarations for E-commerce Sites Offering Products for Sale 

NIST OWM recommendation:

• As reflected in NCWM Pub. 16, Section 3.3. does not reflect the subsection letters (a) through 

(e). This is reflected properly in the NIST OWM submitted language.

Section 4. Required Information for E-commerce Products Upon Delivery.

NIST recommends 

• The word change from “cost” to “price” in 4.2.(d) 

• Defining the individual costs to the consumer on the receipt or invoice

• As reflected in NCWM Publication 16, Section 4.3. does not reflect the subsection letters (a) through 

(d). This is reflected properly in the NIST OWM submitted language.

4.2. Random Package E-commerce Delivery 

Requirements. – The following shall apply to the 

information provided within, upon, or together with 

each random package delivered to/received by a 

customer in an e-commerce transaction:

(d) Product Price. – The price charged for the 

product shall be prominently marked upon 

the product or be recorded and displayed 

on documentation within the package. 

Where multiple products are delivered 

concurrently, it shall be clear which 

information applies to each product. The 

product receipt shall provide the purchaser 

with cost information including the cost of 

the product and any applicable additional 

charges. Although the price information 

may also appear on a receipt or invoice, it 

shall also be provided as specified above 

with the product package. 

4.2. Random Package E-commerce Delivery 

Requirements. – The following shall apply to the 

information provided within, upon, or together with 

each random package delivered to/received by a 

customer in an e-commerce transaction:

(d) Product Price. – The price charged for the 

product shall be prominently marked upon the 

product or be recorded and displayed on 

documentation within the package. Where 

multiple products are delivered concurrently, 

it shall be clear which information applies to 

each product. The product receipt shall 

provide the purchaser with cost price

information including the cost of the product 

and any applicable additional charges. 

Although the price information may also 

appear on a receipt or invoice, it shall also be 

provided as specified above with the product 

package. In addition, cost information (if any) 

for shipping, delivery, taxes, and other 

services shall be provided to the customer in 

the manner prescribed as above.

4.3. Bulk Product E-commerce Delivery 

Requirements – The following shall apply to the 

information provided on or with bulk products 

delivered to / received by a customer in an ecommerce sale:

4.3. Bulk Product E-commerce Delivery 

Requirements – The following shall apply to the 

information provided on or with bulk products 

delivered to / received by a customer in an e-commerce 

sale:
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161

...

(d) Product Price. – The total price charged for 

the product shall be provided to the 

customer on the transaction receipt.

...

(d) Product Price. – The total product price 

charged for shall include the cost of the 

item, shipping (if any), delivery, taxes, and 

other services. These costs shall be 

individually listed and provided to the 

customer on either the transaction receipt or 

invoice.

Section 5. Unit Pricing Requirements on E-Commerce Sites for Products Offered for Sale

NIST OWM recommends the following: 

• Section 5.1. Products Subject to Unit Pricing on E-commerce Sites, lowercase wording for “price 

information” to be formatted correctly.

• NIST OWM has incorporated subsection (a) and (d) into Section 5..2 Required Unit Price Information. 

Formatted fixed uppercase letters to lowercase.

• The change in the word “presented” to “displayed in NCWM Pub. 16, Section 5.2. (f) 

• Sections will be re-lettered as they fall within the regulation. 

5.1. Products Subject to Unit Pricing on Ecommerce Sites 

(a) Unit Price Information is required for bulk 

products and random packages offered for 

sale on an e-commerce site. 

(b) Unit Price Information is optional for 

standard packages offered for sale on ecommerce sites. 

5.1. Products Subject to Unit Pricing on Ecommerce Sites 

(a) Unit Pprice Iinformation is required for bulk 

products and random packages offered for 

sale on an e-commerce site. 

(b) Unit Pprice Iinformation is optional for 

standard packages offered for sale on ecommerce sites. 

5.2. Required Unit Price Information 

The Unit Price shall be consistent with the 

required method of sale for the product. 

(b) Units of Measure. – The declaration of the 

unit price of a particular commodity in all 

package sizes offered for sale on an ecommerce site shall be uniformly and 

consistently expressed in terms of: 

(c) Exemptions – The following exemptions 

from unit pricing requirements above are 

permitted:

(d) E-commerce sites shall determine the most 

effective units for ensuring value 

5.2. Required Unit Price Information –The unit 

price shall be consistent with the required method 

of sale for the product. An e-commerce site shall 

determine the most effective units for ensuring 

value comparison of similar products with varying 

product sizes. Unit prices shall employ consistent 

units of measure for similar or competing products 

posted on the same e-commerce site (e.g., price per 

ounce, price per inch, etc.) 

The Unit Price shall be consistent with the 

required method of sale for the product 

(b) Unit of Measure (a) The declaration of the unit 

price of a particular category of product in all 

package sizes offered for sale on an e-commerce 

site shall be uniformly and consistently 
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comparison of similar products with 

varying product sizes. However, unit 

prices (e.g., price per ounce, price per inch, 

etc.) shall employ consistent units of 

measure for similar or competing products 

posted on the same e-commerce site.

(e) Unit Pricing Expressions shall be listed in 

the nearest cent when a dollar or more. If 

the unit price is under a dollar, it shall be 

listed to the tenth of a cent or the whole 

cent, but both methods cannot be used 

simultaneously. The e-commerce site shall 

accurately and consistently use the same 

method of rounding up or down to compute 

the unit price to the whole cent.

(f) The unit price information shall be 

presented adjacent to the product price 

information. When present, unit price 

information is to be provided in a manner 

so that it is adjacent to all other product 

pricing information.

expressed in the same unit of measure in terms 

of:

.... 

(b)(c) Exemptions The following exemptions from 

unit pricing requirements above are permitted:

(c) E-commerce sites shall determine the most 

effective units for ensuring value 

comparison of similar products with 

varying product sizes. However, unit 

prices (e.g., price per ounce, price per inch, 

etc.) shall employ consistent units of 

measure for similar or competing products 

posted on the same e-commerce site.

(e) (c) Unit Ppricing Eexpressions shall be listed 

in to the nearest cent when it is a dollar or 

more. If the unit price is under a dollar, it 

shall be listed to the tenth of a cent or the 

whole cent, but both methods cannot be used 

simultaneously. The e-commerce site shall be

accurately and consistently use the same 

method of rounding up or down to compute 

the unit price to the whole cent.

(f) (d) The unit price information shall be 

displayed presented adjacent to the product 

priceing information. When present, unit 

price information is to be provided in a 

manner so that it is adjacent to all other 

product pricing information.

Section 6. Declaration of Quantity – E-commerce Products

NIST OWM recommends the following:

• Section 6.1 be separated into two subsections (a) & (b). 

• The information shown in the NCWM 2023 PUB 16 has been separated to be user-friendly. 

6.1. E-commerce Site Requirements – Any ecommerce package offered for sale on an ecommerce site shall be displayed or represented on 

the e-commerce site with a separate Declaration of 

Quantity statement which details the quantity of 

product that the package contains in SI and U.S. 

customary units of measure and/or in count 

consistent with the requirements for packages 

intended for retail sale prescribed in the UPLR (see 

Section 6. NOTE 1) Section 6. Declaration of Quantity: 

6.1. E-commerce Site Requirements – Any ecommerce package offered for sale on an e-commerce 

site shall be displayed or represented on the ecommerce site with a separate Ddeclaration of 

Qquantity statement which details the quantity of 

product that the package contains in. 

(a) the declaration of quantity statement shall 

be recognized SI and U.S. customary units of 
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Consumer Packages and Section 7. Declaration of 

Quantity: Non-Consumer Packages, as applicable 

or other existing Federal regulations for nonconsumer products. The Declaration of Quantity 

shall be accurately displayed in relevant units to 

facilitate value comparison. The declaration shall 

not be misleading or deceptive. 

measure and/or in count consistent with the 

requirements for packages intended for retail 

sale prescribed in the as specified in NIST 

Handbook 130, UPLR, Section 6. 

Declaration of Quantity: Consumer 

Packages and Section 7. Declaration of 

Quantity: Non-Consumer Packages, (see 

Section 6. NOTE 1)

, as applicable or other existing 

Federal regulations for non-consumer 

products and; 

(b) the Ddeclaration of Qquantity shall be 

accurately displayed in relevant units to 

facilitate value comparison. shall not 

misrepresent the quantity in any manner 

that can be misleading or deceptive. Any 

declaration of quantity statement that does 

not permit price or quantity comparison is 

forbidden. 

6.2. E-commerce Package Requirements – Ecommerce standard and random consumer 

packages and pre-packaged non-consumer 

packages upon delivery to customers shall have an 

accurate Declaration of Net Quantity on the 

package label. 

6.2. E-commerce Package Requirements – Ecommerce standard and random consumer packages 

and pre-packaged non-consumer packages upon 

delivery to customers shall have an accurate 

Ddeclaration of Nnet Qquantity on the package label. 

6.3. E-commerce Bulk or Unpackaged Product 

Requirements – E-commerce bulk and nonconsumer products which are not packaged prior to 

purchase, at the time of delivery to the customer, 

shall be accompanied by an accurate Declaration of 

Net Quantity on a printed transaction receipt. This 

printed receipt shall include the product identity, 

unit price, net quantity, and actual charged price in 

a clear and non-misleading manner for all bulk or 

non-packaged products. Electronic receipts may be 

used in place of paper receipts if the information 

required for a paper receipt is printed upon or 

contained in each individual bulk and/or nonpackaged product. Electronic receipts may be 

provided in place of printed receipts if the customer 

specifies an electronic receipt is preferred. 

6.3. E-commerce Bulk or Unpackaged Product 

Requirements – E-commerce bulk and unpackaged 

non-consumer products which are not packaged prior 

to purchase, at the time of delivery to the customer, 

shall be accompanied by an accurate Ddeclaration of 

Nnet Qquantity on a the printed or electronic 

transaction receipt to the customer or person. This 

printed receipt shall include the product identity, 

unit price, net quantity, and actual charged price in 

a clear and non-misleading manner for all bulk or 

non-packaged products. Electronic receipts may be 

used in place of paper receipts if the information 

required for a paper receipt is printed upon or 

contained in each individual bulk and/or nonpackaged product. Electronic receipts may be 

provided in place of printed receipts if the customer 

specifies an electronic receipt is preferred. The 

printed or electronic receipt shall include the 

product identity, unit price, net quantity, and actual 

charged price in a clear and non-misleading 

manner for all bulk or unpackaged products. 
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6.7. SI Units: Mass, Measure. – A declaration of 

quantity for an e-commerce product or package 

shall be expressed in units according to the 

provisions of the UPLR (add appropriate 

reference), the applicable Method of Sale 

Regulation (add appropriate reference) or the 

applicable regulation(s) of another regulatory 

agency. Generally, declarations are to follow the 

requirements detailed below:

(Formatting issues on lettering)

6.7. SI Units: Mass and Measure. – A declaration 

of quantity for an e-commerce product or package shall 

be expressed in units according to the UPLR (add 

appropriate reference) the applicable Method of 

Sale Regulation (add appropriate reference) or the 

applicable regulation(s) of another regulatory 

agency. Generally, declarations are to follow the 

requirements detailed below: as specified in 

Handbook 130, Sections 6.5 through 6.6.2. and 7.4 (see

Section 6. Note 1) or the applicable regulation(s) of a federal 

or state regulatory agency. 

6.8. U.S. Customary Units: Weight and Measure. 

– A declaration of quantity for an e-commerce 

product or package shall be expressed in units 

according to the provisions of the Uniform 

Packaging and Labeling Regulation ((see Section 6. Note 1)

Sections 6.7. through 6.8.2., the applicable Method 

of Sale Regulation ((see Section 6. Note 2) as applicable, or 

the applicable regulation(s) of a regulatory agency. 

Generally, declarations are to follow the 

requirements detailed below.

6.8. U.S. Customary Units: Weight and Measure.

– A declaration of quantity for an e-commerce product 

or package shall be expressed in units according to the 

provisions of the Uniform Packaging and Labeling 

Regulation UPLR as specified in Handbook 130 (see 

Section 6. Note 1) Sections 6.7. through 6.8.2. and 7.5. (see 

Section 6. Note 1)

, the applicable Method of Sale 

Regulation ((see Section 6. Note 2) as applicable, or the 

applicable regulation(s) of a federal or state 

regulatory agency. Generally, declarations are to 

follow the requirements detailed below.

Section 6. NOTE 1: See NIST Handbook 130, 

Uniform Packaging and Labeling Regulation 

(UPLR).

Section 6. NOTE 2: See NIST Handbook 130, 

Uniform Regulation for the Method of Sale of 

Commodities.

Section 6. NOTE 1: See NIST Handbook 130, 

Uniform Regulations, Uniform Packaging and 

Labeling Regulation.

Section 6. NOTE 2: See NIST Handbook 130, 

Uniform Regulation for the Method of Sale of 

Commodities.

Section 7. Declaration of Identity: E-commerce Products 

NIST recommends retitling Section 7.2. to read “Identity Declaration – The identity declaration shall be in 

terms of:”

7.2. The identity declaration shall be in terms of: 7.2. Identity Declaration – The identity declaration 

shall be in terms of:

Section 8. Declaration of Responsible Person: E-commerce Products

NIST OWM recommends adding the word “; or” after each subsection within Section 8.3. E-commerce 

Site Requirements. 

8.3. E-commerce Site Requirements. – The 

operator of an e-commerce site offering products 

for sale shall comply with at least one of the 

following requirements regarding each product 

offered for sale:

8.3. E-commerce Site Requirements. – The 

operator of an e-commerce site offering products for 

sale shall comply with at least one of the following 

requirements regarding each product offered for sale:
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(a) The e-commerce site shall provide the 

name and address of the product 

manufacturer, packer, or distributor. 

(b) The e-commerce site shall provide the 

name and website address of the product 

manufacturer, packer, or distributor. 

(c) The e-commerce site shall provide the 

product brand name or the name of the 

product manufacturer, distributor, or 

packer, when product manufacturer, 

distributor or packer address information 

is displayed on the package label at the 

time the product is delivered to the 

purchaser. 

(d) When the e-commerce site owner or 

operator is the also the product 

manufacturer, packer or distributor, the ecommerce site shall clearly and 

conspicuously display its name, address, 

and contact information on both the ecommerce site and on the transaction 

receipt. 

(a) The e-commerce site shall provide the name 

and address of the product manufacturer, 

packer, or distributor; or 

(b) The e-commerce site shall provide the name 

and website address of the product 

manufacturer, packer, or distributor; or 

(c) The e-commerce site shall provide the product 

brand name or the name of the product 

manufacturer, distributor, or packer, when 

product manufacturer, distributor or packer 

address information is displayed on the 

package label at the time the product is 

delivered to the purchaser; or

(d) When the e-commerce site owner or operator 

is the also the product manufacturer, packer or 

distributor, the e-commerce site shall clearly 

and conspicuously display its name, address, 

and contact information on both the ecommerce site and on the transaction receipt.

Section 9. Product Photograph or Accurate Product Graphic Representation/Image: E-commerce Site 

Requirements 

NIST OWM recommends changing some words for sentence structure and clarity within Section 9.1. through 

9.5.

9.1. E-commerce Standard Packages. – Any ecommerce package offered for sale on an ecommerce site shall be represented on the site with 

a current photograph of the package offered for 

sale. As an alternative, a detailed and accurate 

photographic depiction or representation of the 

package may be displayed. This picture or 

graphical representation shall be sufficiently sized, 

detailed, and clear to enable the customer to 

distinguish this package or product from similar 

packages including varying sizes, varieties, and 

product functions. When a consumer can customize 

an e-commerce package, a photographic 

representation of the customized product can be 

provided in addition to the required pre-customized 

product. 

9.1. E-commerce Standard Packages. – Any eEcommerce packages offered for sale on an ecommerce site shall be represented on the ecommerce site with a current photograph of the 

package offered for sale. As an alternative, a detailed 

and accurate photographic depiction or representation 

of the package may be displayed. This picture or 

graphical representation shall be sufficiently sized, 

detailed, and clear to enable the customer to distinguish 

this package or product from similar packages 

including varying sizes, varieties, and product 

functions. When a consumer can customize an ecommerce package, a photographic representation of 

the customized product can be provided in addition to 

the required pre-customized product. 

9.2. E-commerce Random Packages. – Ecommerce random products offered for sale on an 

e-commerce site shall be accompanied on the site by 

9.2. E-commerce Random Packages. – Ecommerce random products offered for sale on an ecommerce site shall be accompanied on the e-
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a representative picture or photographic depiction 

of product (packaged or unpackaged) which is 

being offered for sale. This picture or photographic 

depiction shall be sufficiently sized, detailed, and 

clear to enable the customer to see the product and 

the pictured item shall be representative of the 

product being offered for sale. When a consumer 

can customize an e-commerce random package, a 

photographic representation of the customized 

product can be provided in addition to the required 

pre-customized product.

commerce site by a representative picture or 

photographic depiction of representing the product 

(packaged or unpackaged) which is being offered for 

sale. This picture(s) or photographic(s) depiction shall 

be sufficiently sized, detailed, and clear to enable the 

customer to see the product and the pictured item 

shall be representative of the product being offered 

for sale. When a consumer customer can customizes

an e-commerce random package, a photographic 

representation of the customized product can be 

provided in addition to the required pre-customized 

product.

9.3. E-commerce Bulk Products and Select 

Random Packages. – Bulk products offered for sale 

on an E-commerce site shall be accompanied on the 

site by a representative picture or photographic 

depiction of the unpackaged product which is being 

offered for sale. Products packaged in random 

packages shall be displayed on the site with a 

representative depiction of a representative 

package, a clear and conspicuous statement 

explaining that packaged products are of random 

quantity, and instructions to customers regarding 

the means to specify a maximum or minimum 

package quantity in ordering and purchasing the 

product. The picture(s) or photographic 

depiction(s) shall be sufficiently sized, detailed, and 

clear to enable the customer to see the product and 

the pictured item shall be representative of the 

product being offered for sale. When a consumer 

can customize bulk or random package, a 

photographic representation of the customized 

product can be provided in addition to the required 

pre-customized product.

9.3. E-commerce Bulk Products and Select 

Random Packages. – Bulk products and select 

random packages offered for sale on an Ecommerce site shall be accompanied on the ecommerce site by a representative picture or 

photographic depiction of the unpackaged product 

which is being offered for sale. Products packaged 

in random packages shall be displayed on the site 

with a representative depiction of a representative 

package, a A clear and conspicuous statement 

explaining that the packaged products are of random 

quantity, and instructions to customers regarding the 

means to specify a minimum or maximum or 

minimum package quantity in when ordering and/or

purchasing the product. The picture(s) or photographic 

depiction(s) shall be sufficiently sized, detailed, and 

clear to enable the customer to see the product and the 

pictured item shall be representative of the product 

being offered for sale. When a consumer customer 

can customizes a bulk or random package, a 

photographic representation of the customized product 

can be provided in addition to the required precustomized product.

9.4. E-commerce Non-Consumer Packages. –

Non-consumer products offered for sale on an ecommerce site shall be accompanied on the site by a 

representative picture or photographic depiction of 

the product which is being offered for sale. This 

picture or photographic depictions shall be 

sufficiently sized, detailed, and clear to enable the 

customer to see the product and the pictured item 

shall be representative of the product being offered 

for sale. When a consumer can customize an nonconsumer package, a photographic representation 

of the customized product can be provided in 

addition to the required pre-customized product. 

9.4. E-commerce Non-Consumer Packages. –

Non-consumer products offered for sale on an ecommerce site shall be accompanied on the ecommerce site by with a representative current 

picture or photographic depiction of the product which 

is being offered for sale. This picture or photographic 

depiction(s) shall be sufficiently sized, detailed, and 

clear to enable the customer to see the product and the 

pictured item shall be representative of the product 

being offered for sale. When a consumer can

customizes a non-consumer package, a photographic 

representation of the customized product can be 

provided in addition to the required pre-customized 

product.
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9.5. Pictures on Receipts: Transaction receipts 

are not required to provide pictures or 

photographic depictions

9.5. Pictures on Receipts – Transaction Ecommerce receipts are not required to provide pictures 

or photographic depictions.

Table 2. Summary of Recommendations

Item Block (B4) E-commerce

Status Recommendation Note* Comments

Submitter

OWM Voting 1

WWMA Voting

NEWMA Voting

SWMA Voting

CWMA Voting

NCWM Voting

*Notes Key:

1 Submitted modified language

2 Item not discussed

3 No meeting held

4 Not submitted on agenda

5 No recommendation or not considered

WAM-23.1 V Section 11. Powers and Duties of the Director

Item Under Consideration:

Section 11. Powers and Duties of the Director 

The Director shall:

. . . 

(s) have the authority to employ recognized procedures and regulations designated within the 

within the Uniform E-commerce Regulation. 

OTH-22.1 A Uniform E-commerce Regulation

Item Under Consideration:

1. Background

The Uniform E-commerce Regulation was adopted during the 1XXth Annual Meeting of the 

National Conference on Weights and Measures (NCWM) in 202X. 
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NCWM adopted a model e-commerce regulation to assist those states authorized to adopt such a 

regulation under provisions of their weights and measures laws. The customer benefit of having 

clear and consistent price, quantity and identity information during an e-commerce transaction 

should be greater confidence that a product purchased is actually the product they intended to 

purchase. The manufacturer benefit of this e-commerce regulation is clear expectations of what 

information is required to be provided on e-commerce sites offering products for sale and product 

information accompanying product delivery. 

Nothing contained in this regulation should be construed to supersede any labeling requirement 

specified in federal law.

2. Status of Promulgation 

The table beginning on page 6 shows the status of adoption of the Uniform E-commerce Regulation. 

This regulation shall become effective and subject to enforcement on January 1, 2025. 

(Insert Table of Contents for the Uniform E-commerce Regulation) 

Preamble

The purpose of this regulation is to provide accurate and adequate identity and net quantity 

information for products sold via e-commerce to help facilitate purchaser confidence in ecommerce purchases. This regulation establishes requirements for e-commerce sites offering 

products for purchase, product labeling for products sold via e-commerce and for receipts which 

detail the identity, quantity, and price the consumer paid upon product delivery. This regulation 

applies to product identity, net quantity, responsible parties, and price information and is not 

intended to apply to other product labeling or quality requirements.

Section 1. Application 

This regulation shall apply to products and transactions which occur when purchasers are not 

present to purchase a consumer or non-consumer product in person. 

This regulation specifically establishes requirements for web-based sales (including smartphone

and computer applications) and other sites/programs which offer products for sale and permit 

customers to make purchases without being physically present to inspect and select individual 

products and commodities in-person. This regulation also applies to any product information 

which shall accompany the transactions including labeling and receipts. 

This regulation shall not apply to: 

(a) inner wrappings not intended to be individually sold to the customer

(b) shipping containers or wrapping used solely for the transportation of any commodities or 

products

(c) shipping containers and inner wrappings for products or commodities purchased in 

quantity by manufacturers, packers, or processors in industrial proportions, or to wholesale 

or retail distributors who subsequently distribute or offer for sale products and 

commodities 
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(d) auxiliary containers or outer wrappings used to deliver packages of such commodities to 

retail customers if such containers or wrappings bear no printed matter pertaining to any 

particular commodity. 

Section 2. Definitions 

The following definitions apply to this regulation: 

2.1. Product – An article, commodity or substance that is manufactured, grown, harvested, mined, 

or refined for sale. 

2.2. Consumer Product – A product sold or offered for sale in packaged or bulk form which is 

intended for personal use in a home or residence 

2.3. Non-Consumer Product – A product sold or offered for sale which is intended for use by a 

business or institution customer for industrial use or wholesale distribution. 

2.4. Online Marketplace – Any person or entity who operates an electronically accessed platform 

that includes features that allow for, facilitate, or enable sellers to engage in the sale, purchase, 

payment, storage, shipping, or delivery of a product within the U.S., is used by sellers for such 

purposes, and has a contractual or similar relationship with its users governing their use of that 

platform to sell and purchase products. 

2.5. E-commerce – The process of offering for sale, transacting sales, and delivery of consumer 

product(s) or non-consumer product(s) when the purchaser is not physically present at the point of 

purchase. E-commerce includes on-line sales made using websites and phone applications, catalog 

sales and sales transacted via online marketplaces by 3rd parties when the purchaser is not 

physically present. 

2.6. E-commerce Product – A consumer product or non-consumer product offered for sale 

through e-commerce. 

2.7. E-commerce Site – The site, program or interface through which customers make product 

purchases by means of e-commerce . An e-commerce site may be a manufacturer website, a retail 

website, an online marketplace, a delivery service site, a phone application, or other interface in 

which the customer is physically not present to inspect and select products. 

2.8. Customer – A person or entity purchasing an e-commerce product for their own use, the use 

of another person, or a business. 

2.9 Person – The term “person” means either singular or plural and shall include any individual, 

partnership, company, corporation, association, or society engaged in e-commerce activity.

2.10. Package. – Except as excluded by Section 1, the term “package,” whether standard package 

or random package, means any consumer product or non-consumer product which is:

(a) enclosed in a container or wrapped in any manner in advance of wholesale or retail sale; or 

(b) whose weight, measure or count has been determined in advance of wholesale or retail sale. 
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2.11. E-commerce Package – Any consumer product or non-consumer product with a defined net 

quantity which is sold through e-commerce and is:

(a) enclosed in a container or wrapped in any manner in advance of on-line sale; or

(b) not enclosed prior to on-line sale and wrapped or packaged for shipment or delivery after 

sale, or

(c) not enclosed prior to on-line sale and does not require wrapping or packaging for delivery 

after sale.

2.12. E-commerce Standard Package – Any package sold or offered for sale via e-commerce where 

lots or shipments for delivery of the package of the same product have identical net content 

declarations. 

2.13. E-commerce Random Package – Any package sold or offered for sale via e-commerce where 

lots or shipments for delivery of the package of the same product have varying net content 

declarations. 

2.14. Sale from Bulk. – The term “sale from bulk” means the sale of products are not pre-packaged 

and where the quantity is determined at the time of sale. 

2.15. E-commerce Bulk Product – A product sold or offered for sale via e-commerce where the 

product is not packaged at time of purchase. An e-commerce bulk product may or may not be 

wrapped upon its sale to facilitate shipment or delivery. 

2.16. E-commerce Non-Consumer Package – Any non-consumer product that is sold or offered for 

sale which has been packaged prior to sale on an e-commerce site. 

2.17. E-Commerce Package Label. – Any written, printed, or graphic matter affixed to, applied to, 

attached to, blown into, formed, molded into, embossed on, or contained within a package 

containing any consumer or non-consumer product for purposes of branding, identifying, or 

providing information with respect to the product or to the contents of the package. 

2.18. E-commerce Receipt. – A complete record of a transaction involving the purchase of one or 

more e-commerce products purchased at the same time from the same E-commerce site. Ecommerce receipts may be either electronic or paper as described in this regulation.

2.19. SI or SI Units – SI or SI Units means the International System of Units as established in 1960 

by the General Conference on Weights and Measures (CGPM) and interpreted or modified for the 

United States by the Secretary of Commerce

2.20. U.S. Customary Units – Units based upon the inch, foot, gallon, and the pound commonly 

used in the United States of America. U.S. customary units include units for weight, liquid 

measure, linear measure, area measure, volume measure and dry measure (see NIST Handbook 

130, UPLR Section 6. Declaration of Quantity: Consumer Packages for additional information). 

Section 3. Required Declarations for E-commerce Sites Offering Products for Sale 

Consumer and Non-Consumer Products are being purchased through e-commerce sites whereby 

the customer makes purchase decisions based upon the product information provided on the 
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website, phone application or other remote means. Because customers make e-commerce purchase 

decisions based on available information provided on these sites or venues, customers should expect 

the information provided to be sufficiently complete in order to make informed purchase decisions 

and accurate value comparisons. To that end, certain price and FPLA-required label information 

shall be provided to purchasers on the E-commerce site where a product is offered for sale. The 

elements of the FPLA information required by this regulation are also present in regulations 

promulgated by other Federal agencies such as EPA, FTC, and Department of Agriculture. 

3.1. E-commerce Site Requirements for Standard Packages. – The following shall apply to ecommerce sites on which standard packages are offered for sale:

(a) Declaration of Identity. – The product declaration of identity shall appear on the ecommerce site in a conspicuous and prominent location. Wherever applicable, the product 

brand name or manufacturer/distributor name shall be combined with the declaration of 

identity. This information shall be provided separately from and in addition to any picture 

or image of the product (See Section 7 Declaration of Identity: E-commerce Products for 

additional information.) 

(b) Declaration of Net Quantity. – The declaration of net quantity shall appear on the ecommerce site in a prominent location and in a conspicuous manner which clearly 

communicates the package net quantity. This information shall be provided separately 

from and in addition to any picture or image of the product. This information shall be 

provided in both U.S. customary and SI units for products subject to the Fair Packaging 

and Labeling Act or as mandated for products under other Federal regulations (See 

Section 6. Declaration of Quantity – E-commerce Products for additional information.) 

(c) Product Price. – The price of the product shall appear on the e-commerce site in a 

conspicuous and prominent location. Added cost information (if any) for shipping, delivery, 

taxes, and other services shall be provided to the customer prior to the completion of checkout and payment. 

(d) Product Photo or Visual Product Representation/Image. – The e-commerce site shall 

provide a photo or visual representation (image) of the product to help consumers confirm 

the identity of the item they intend to purchase. While a product photo or image may show 

certain required information, required information shall appear separately from the 

picture/representation. Any information provided in the picture/image shall not conflict 

with information required by this regulation (See Section 9. Product Photograph or 

Accurate Product Depiction/Representation: E-commerce Site Requirements for additional 

information).

(e) Brand Name or Product Manufacturer. – The e-commerce site shall provide the name of 

the manufacturer, distributor or the brand of any product offered for sale, where 

applicable (See Section 8. Declaration of Responsible Person: E-commerce Products for 

additional information.) 

3.2. E-commerce Site Requirements for Random Packages. – The following shall apply to ecommerce sites on which random packages are offered for sale:

(a) Declaration of Identity. – The product declaration of identity shall appear on the ecommerce site in a conspicuous and prominent location. Wherever applicable, the product 

brand name shall be combined with the declaration of identity. This information shall be 
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provided separately from and in addition to any picture or image of the product (See 

Section 7. Declaration of Identity: E-commerce Products for additional information).

(b) Unit Price. – The unit price of the product shall appear on the e-commerce site in a 

conspicuous and prominent location. This information shall be provided separately from 

and in addition to any picture or image of the product (See Section 5. Unit Pricing 

Requirements on E-Commerce Sites for Products Offered for Sale for additional 

information). 

(c) Net Quantity Information. – For each product offered for sale in random packages, a range 

of potential product net quantities and an estimated maximum possible item net weight 

shall be displayed to customers on the e-commerce site in a conspicuous and prominent 

location. (See Section 6. Declaration of Quantity– E-commerce Products additional 

information).

(d) Product Price – For each product offered for sale in random packages, a range of potential 

product prices and an estimated maximum possible item price shall be displayed to 

customers on the e-commerce site in a conspicuous and prominent location. Added cost 

information (if any) for shipping, delivery, taxes, and other services shall be provided to the 

customer prior to the completion of check-out and payment. 

(e) Product Photo or Visual Product Representation/Image. – The e-commerce site shall 

provide a photo or representative image of the product to help customers confirm the 

identity of the item they intend to purchase. While a product photo or representation may 

depict certain required information, required information shall appear separately from the 

picture/representation. Any information provided in the picture/product representation 

shall not conflict with information required by this regulation (See Section 9. Product 

Photograph or Accurate Product Depiction/Representation: E-commerce Site 

Requirements for additional information). 

(f) Brand Name or Product Manufacturer. – The e-commerce site shall provide the name of 

the manufacturer, distributor, or the product brand name when it is different from the 

person or entity responsible for the website (See Section 8. Declaration of Responsible 

Person: E-commerce Products for additional information). 

3.3. Bulk Product E-commerce Site Requirements. – The following shall apply to e-commerce sites 

on which products from bulk are offered for sale:

(a) Declaration of Identity. – The bulk product declaration of identity shall appear on the ecommerce site in a conspicuous and prominent location. Brand name (if applicable) may be 

combined with the declaration of identity. This information shall be provided separately 

from and in addition to any picture or image of the bulk product (See Section 7. Declaration 

of Identity: E-commerce Products for additional information).

(b) Unit Price. – The unit price of the product shall appear on the e-commerce site in a 

conspicuous and prominent location. This information should be provided separately from 

and in addition to any picture or image of the bulk product (See Section 5. Unit Pricing 

Requirements on E-Commerce Sites for Products Offered for Sale for additional 

information).
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(c) Net Quantity Information. – An estimated minimum and/or maximum possible product net 

quantity, if applicable to any product offered for sale from bulk, shall be provided on the ecommerce site in a conspicuous and prominent location (See Section 6. Declaration of 

Quantity– E-commerce Products for additional information). 

(d) Product Price – For products offered for sale limited to minimum and/or maximum perorder quantities, an estimated minimum or maximum possible product price, where 

applicable, shall be provided to the customer on the e-commerce site in a conspicuous and 

prominent location. Added cost information (if any) for shipping, delivery, taxes, and other 

services shall be provided to the customer prior to the completion of check out and 

payment. 

(e) Product Photo or Product Representation. – The e-commerce site shall provide a photo or 

visual representation of the bulk product to help customers confirm the identity of the item 

they intend to purchase. While a product photo or representation may depict certain 

required information, required information shall appear separately from the 

picture/representation. Any information provided in the picture/product representation 

shall not conflict with information required by this regulation (See Section 9. Product 

Photograph or Accurate Product Depiction/Representation: E-commerce Site 

Requirements for additional information). 

3.4. Non-Consumer Product E-commerce Site Requirements. – The following shall apply to ecommerce sites on which non-consumer products are offered for sale:

(a) Packaged Non-Consumer E-commerce Products. – If the non-consumer product is 

packaged as a standard package, the requirements of Section 3.1. E-commerce Site 

Requirements for Standard Packages shall apply. If the non-consumer product is packaged 

as a random package, the requirements of Section 3.2. E-commerce Site Requirements for 

Random Packages shall apply. 

(b) E-commerce Products Purchased from Bulk. – If the non-consumer product is not 

packaged at the time of purchase, the requirements for Section 3.3. Bulk Product Ecommerce Site Requirements shall apply.

Section 4. Required Information for E-commerce Products Upon Delivery. 

4.1. Standard Package E-commerce Delivery Requirements. – The information below shall be 

provided within, upon or together with each standard package delivered to/received by a customer 

in an e-commerce transaction. Products which are labeled to be compliant with the UPLR meet the 

requirements for Declaration of Identity, Net Quantity and Responsibility. Products which are not 

labeled for retail sale as prescribed by the UPLR shall provide the following:

(a) Declaration of Identity. – The product declaration of identity shall be prominently placed 

on the product package or on a label which is physically attached to product package. 

Although the declaration of identity may also appear on a receipt or invoice, a receipt or 

invoice alone is not an adequate means to provide this information. 

(b) Declaration of Net Quantity – The declaration of net quantity shall be prominently placed 

on the product or package or on a label which is physically attached to the product package. 

Although the declaration of net quantity may also appear on a receipt or invoice, a receipt 

by itself is not an adequate means to provide this information. 
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(c) Declaration of Responsibility. – The declaration of responsibility, including name and 

address, shall be prominently placed on the product package label. 

(d) Product Price. – The total price of the product shall be provided to the customer, either on a 

receipt or invoice or by appearing upon, within, or with the delivered standard package. 

4.2. Random Package E-commerce Delivery Requirements. – The following shall apply to the 

information provided within, upon, or together with each random package delivered to/received by 

a customer in an e-commerce transaction:

(a) Declaration of Identity. – The product declaration of identity shall be prominently placed 

on the product package or a label attached to the product package. Where multiple 

products are delivered concurrently, it shall be clear which information applies to each 

product. Although the declaration of identity may also appear on a receipt or invoice, a 

receipt or invoice alone is not an adequate means to provide this information. 

(b) Unit Price. – The unit price of the product shall be provided to the customer, either on a 

receipt or invoice, on the package label, or by other written documentation included with 

the delivered product and shall be in the same units of measure as displayed on the website. 

(c) Net Quantity Information. – The net quantity of the product shall be prominently marked 

or displayed on the product or a label attached to the package and shall be in the same units 

of measure as displayed on the website. Where multiple products are delivered 

concurrently, it shall be clear which information applies to each product. Although the 

declaration of net quantity may also appear on a receipt or invoice, a receipt or invoice 

alone is not an adequate means to provide this information. 

(d) Product Price. – The price charged for the product shall be prominently marked upon the 

product or be recorded and displayed on documentation within the package. Where 

multiple products are delivered concurrently, it shall be clear which information applies to 

each product. The product receipt shall provide the purchaser with cost information 

including the cost of the product and any applicable additional charges. Although the price 

information may also appear on a receipt or invoice, it shall also be provided as specified 

above with the product package. 

(e) Declaration of Responsibility. – The declaration of responsibility, including name and 

address, shall be conspicuously and prominently marked upon the product or package, or 

recorded and displayed on documentation within the package. Where multiple products 

are delivered concurrently, it shall be clear which information applies to each product. 

Although the declaration of responsibility may also appear on a receipt or invoice, a receipt 

or invoice alone is not an adequate means to provide this information. 

4.3. Bulk Product E-commerce Delivery Requirements – The following shall apply to the 

information provided on or with bulk products delivered to / received by a customer in an ecommerce sale:

(a) Declaration of Identity. – The bulk product declaration of identity shall be provided to the 

customer on a transaction receipt. A Declaration of Identity may also be marked upon or 

on written documentation attached to the bulk product, but this does not preclude it from 

being displayed on the receipt. 
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(b) Unit Price. – The unit price of the product shall be provided to the customer on the 

transaction receipt. The Unit Price may also be displayed upon the product or its 

packaging, but this does not preclude it from being recorded on the receipt. 

(c) Declaration of Net Quantity. – The actual net quantity of the product delivered shall be 

provided to the customer on the transaction receipt. Actual net quantity shall be 

documented for the transaction as the customer was not present when the product(s) was 

selected. The Declaration of Net Quantity may be displayed upon the product or its 

packaging, but this does not preclude it from being recorded on the receipt. 

(d) Product Price. – The total price charged for the product shall be provided to the customer 

on the transaction receipt.

4.4. Non-consumer Product E-commerce Delivery Requirements. – The following shall apply to 

the information provided on or with a non-consumer product delivered to/received by a customer 

in an e-commerce sale:

(a) Packaged Non-Consumer E-commerce Products. – If the non-consumer product is 

packaged as a standard package, the requirements in Section 4.1. Standard Package Ecommerce Delivery Requirements shall apply. If the non-consumer product is packaged as 

a random package, the requirements of Section 4.2. Random Package E-commerce Delivery 

Requirements shall apply. 

(b) E-commerce Products Purchased from Bulk – If the non-consumer product is not packaged 

at the time of purchase, the requirements for Section 4.3. Bulk Product E-commerce 

Delivery Requirements shall apply.

Section 5. Unit Pricing Requirements on E-Commerce Sites for Products Offered for Sale

5.1. Products Subject to Unit Pricing on E-commerce Sites 

(c) Unit Price Information is required for bulk products and random packages offered for sale 

on an e-commerce site. 

(d) Unit Price Information is optional for standard packages offered for sale on e-commerce 

sites. 

5.2. Required Unit Price Information 

(a) The Unit Price shall be consistent with the required method of sale for the product. 

(b) Units of Measure. – The declaration of the unit price of a particular commodity in all 

package sizes offered for sale on an e-commerce site shall be uniformly and consistently 

expressed in terms of:

(1) Price per kilogram or 100 g, or price per pound or ounce, if the net quantity of contents 

of the product is in terms of weight.

(2) Price per liter or 100 mL, or price per dry quart or dry pint if the net quantity of 

contents of the product is in terms of dry measure or volume.
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(3) Price per liter or 100 mL, or price per gallon, quart, pint, or fluid ounce, if the net 

quantity of contents of the product is in terms of liquid volume.

(4) Price per individual unit or multiple units if the net quantity of contents of the product 

is in terms of count.

(5) Price per square meter, square decimeter, or square centimeter, or price per square 

yard, square foot, or square inch, if the net quantity of contents of the product is in 

terms of area.

(6) Price per meter, decimeter, centimeter, or price per yard, foot, 100-feet, or inch if net 

quantity of contents of the product is in terms of length.

(c) Exemptions – The following exemptions from unit pricing requirements above are 

permitted:

(1) Small Packages. – Products shall be exempt from these provisions when packaged in 

quantities of less than 28 g (1 oz) or 29 mL (1 fl oz) or when the total retail price is 50 

cents ($0.50) or less.

(2) Single Items. – Products shall be exempt from these provisions when only one brand in 

only one size is offered for sale in a particular retail establishment.

(3) Infant Formula. – For “infant formula,” unit price information may be based on the 

reconstituted volume. “Infant formula” means a food that is represented for special 

dietary use solely as a food for infants by reason of its simulation of human milk or 

suitability as a complete or partial substitute for human milk.

(4) Variety and Combination Packages. – Variety and Combination Packages as defined in 

Section 2.9. Combination Package and Section 2.10. Variety Package in the UPLR [see 

Section 5. NOTE] shall be exempt from these provisions.

(d) E-commerce sites shall determine the most effective units for ensuring value comparison of

similar products with varying product sizes. However, unit prices (e.g., price per ounce, 

price per inch, etc.) shall employ consistent units of measure for similar or competing 

products posted on the same e-commerce site.

(e) Unit Pricing Expressions shall be listed in the nearest cent when a dollar or more. If the 

unit price is under a dollar, it shall be listed to the tenth of a cent or the whole cent, but both 

methods cannot be used simultaneously. The e-commerce site shall accurately and 

consistently use the same method of rounding up or down to compute the unit price to the 

whole cent.

(f) The unit price information shall be presented adjacent to the product price information. 

When present, unit price information is to be provided in a manner so that it is adjacent to 

all other product pricing information.

Section 5. NOTE: See NIST Handbook 130, Uniform Packaging and Labeling Regulation.

Section 6. Declaration of Quantity – E-commerce Products
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6.1. E-commerce Site Requirements – Any e-commerce package offered for sale on an ecommerce site shall be displayed or represented on the e-commerce site with a separate Declaration 

of Quantity statement which details the quantity of product that the package contains in SI and 

U.S. customary units of measure and/or in count consistent with the requirements for packages 

intended for retail sale prescribed in the UPLR (see Section 6. NOTE 1) Section 6. Declaration of Quantity: 

Consumer Packages and Section 7. Declaration of Quantity: Non-Consumer Packages, as 

applicable or other existing Federal regulations for non-consumer products. The Declaration of 

Quantity shall be accurately displayed in relevant units to facilitate value comparison. The 

declaration shall not be misleading or deceptive. 

6.2. E-commerce Package Requirements – E-commerce standard and random consumer packages 

and pre-packaged non-consumer packages upon delivery to customers shall have an accurate 

Declaration of Net Quantity on the package label. 

6.3. E-commerce Bulk or Unpackaged Product Requirements – E-commerce bulk and nonconsumer products which are not packaged prior to purchase, at the time of delivery to the 

customer, shall be accompanied by an accurate Declaration of Net Quantity on a printed 

transaction receipt. This printed receipt shall include the product identity, unit price, net quantity, 

and actual charged price in a clear and non-misleading manner for all bulk or non-packaged 

products. Electronic receipts may be used in place of paper receipts if the information required for 

a paper receipt is printed upon or contained in each individual bulk and/or non-packaged product. 

Electronic receipts may be provided in place of printed receipts if the customer specifies an 

electronic receipt is preferred. 

6.4. Measurement Systems – The International System of Units (SI), known as the metric system 

and the U.S. customary system of weights and measures are recognized as proper systems to be 

used in the declaration of quantity for e-commerce products. Units of both systems may be 

combined in a dual declaration of quantity. Numerical count is permitted for products when the 

product statement of identity and numerical count are fully informative of the product’s contents. 

6.5. Largest Whole Common Unit. – This regulation requires that the quantity declaration for 

similar types and sizes of products be in terms of the largest whole common unit. With respect to a 

particular product offered for sale, the declaration shall be in terms of the largest common whole 

unit of weight or measure with any remainder expressed: 

(a) SI Units. – in decimal fractions of such largest whole unit.

(b) U.S. Customary Units. 

(1) in common or decimal fractions of such largest whole unit; or

(2) where appropriate, the next smaller whole unit or units with any further remainder in 

terms of common or decimal fractions of the smallest unit present in the quantity 

declaration.

6.6. Terms: Weight, Liquid Measure, Dry Measure, or Count. – The declaration of the quantity 

of a particular E-commerce product shall be expressed in terms of liquid measure if the commodity 

is liquid, in terms of dry measure if the commodity is dry, in terms of weight if the commodity is 

solid, semisolid, viscous, or a mixture of solid and liquid, or in terms of numerical count. However, 

if there exists a firmly established general consumer usage and trade custom with respect to the 

terms used in expressing a declaration of quantity of a particular commodity, such declaration of 
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quantity may be expressed in its traditional terms if such traditional declaration gives accurate and 

adequate information as to the quantity of the commodity. 

6.7. SI Units: Mass and Measure. – A declaration of quantity for an e-commerce product or 

package shall be expressed in units according to the Uniform Packaging and Labeling Regulation 

(see Section 6. Note 1)

 Sections 6.5 through 6.6.2. the applicable Uniform Regulation for the Method of Sale 

of Commodities (see Section 6. Note 2) or the applicable regulation(s) of a regulatory agency. Generally, 

declarations are to follow the requirements detailed below:

(a) in units of mass shall be in terms of the kilogram, gram, or milligram;

(b) in units of liquid measure shall be in terms of the liter or milliliter, and shall express the 

volume at 20 °C, except in the case of petroleum products or distilled spirits, for which the 

declaration shall express the volume at 15.6 °C, and except also in the case of a commodity 

that is normally sold and consumed while frozen, for which the declaration shall express the 

volume at the frozen temperature, and except also in the case of malt beverages or a 

commodity that is normally sold in the refrigerated state, for which the declaration shall 

express the volume at 4 °C;

(c) in units of linear measure shall be in terms of the meter, centimeter, or millimeter;

(d) in units of area measure shall be in terms of the square meter, square decimeter, square 

centimeter, or square millimeter;

(e) in units of volume other than liquid measure shall be in terms of the liter and milliliter, 

except that the terms cubic meter, cubic decimeter, and cubic centimeter will be used only 

when specifically designated as a method of sale;

(f) Shall be expressed in units so that the numerical declaration is greater than the number one 

“1” and less than number one thousand “1000”. While a common unit is required for 

similar products of similar size, when the product size range results in numerical 

declarations which are less than one or exceed 1000, then added units are permitted. 

Examples: 

500 g, not 0.5 kg 

1.96 kg, not 1960 g 

750 mL, not 0.75 L 

750 mm or 75 cm, not 0.75 m 

(g) SI declarations should be shown in three digits except where the quantity is below 

100 grams, milliliters, centimeters, square centimeters, or cubic centimeters where it can be 

shown in two digits. In either case, any final zero appearing to the right of the decimal 

point need not be shown; and the declaration of net quantity of contents shall not be 

expressed in mixed units.

Example: 

1.5 kg, not 1 kg 500 g 

(h) Only those symbols as detailed in NIST Handbook 130 UPLR Section 6.5. Largest Whole 

Common Unit may be employed in the quantity statement on an e-commerce site or on a 

product package. 
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6.8. U.S. Customary Units: Weight and Measure. – A declaration of quantity for an e-commerce 

product or package shall be expressed in units according to the provisions of the Uniform 

Packaging and Labeling Regulation ((see Section 6. Note 1) Sections 6.7. through 6.8.2., the applicable 

Method of Sale Regulation ((see Section 6. Note 2) as applicable, or the applicable regulation(s) of a 

regulatory agency. Generally, declarations are to follow the requirements detailed below. 

(a) in units of weight shall be in terms of the avoirdupois pound or ounce;

(b) in units of liquid measure shall be in terms of the United States gallon of 231 cubic inches or 

liquid quart, liquid pint, or fluid ounce subdivisions of the gallon and shall express the 

volume at 68 °F, except in the case of petroleum products or distilled spirits, for which the 

declaration shall express the volume at 60 °F, and except also in the case of a commodity 

that is normally sold and consumed while frozen, for which the declaration shall express the 

volume at the frozen temperature, and except also in the case of a commodity that is 

normally sold in the refrigerated state, for which the declaration shall express the volume at 

40 °F, and except also in the case of malt beverages, for which the declaration shall express 

the volume at 39.1 °F;

(c) in units of linear measure shall be in terms of the yard, foot, 100-foot, or inch; 

(d) in units of area measure shall be in terms of the square yard, square foot, or square inch;

(e) in units of volume measure shall be in terms of the cubic yard, cubic foot, or cubic inch; and

(f) in units of dry measure, shall be in terms of the United States bushel of 2150.42 in3, or peck, 

dry quart, and dry pint subdivisions of the bushel.

(g) Any generally accepted symbol and abbreviation of a unit name may be employed in the 

quantity statement on a package of commodity 

Section 6. NOTE 1: See NIST Handbook 130, Uniform Packaging and Labeling Regulation 

(UPLR).

Section 6. NOTE 2: See NIST Handbook 130, Uniform Regulation for the Method of Sale of 

Commodities. 

Section 7. Declaration of Identity: E-commerce Products 

7.1. E-commerce Site Requirements – Any e-commerce product offered for sale on an e-commerce 

site shall be represented or displayed on the e-commerce site with a separate Declaration of Identity 

statement which details the specific product that the package contains in ordinary terms expressed 

in the English language. The declaration of identity needs to be specific enough to distinguish 

between similar types and varieties of products. A manufacturer brand name is not a statement of 

identity. The declaration shall not be misleading or deceptive. 

7.2. The identity declaration shall be in terms of:

(a) the name specified in or required by any applicable federal or state law or regulation or in 

the absence of this;

(b) the common or usual name or, in the absence of this;
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(c) the generic name or other appropriate description, including a statement of function (such 

as “cleaning powder”). 

(d) Manufacturer catalog number or part number may be provided in addition to Section 

7.2(a), (b) or(c) if that number helps identify and distinguish products or commodities 

offered for sale.

7.3. E-Commerce Package Requirements – The same Declaration of Identity shall appear on the 

product label, on the product, attached to the product or within the product package in a clear and 

non-misleading fashion when delivered to the purchaser. The product declaration of identity shall 

be prominently placed on the product package or on a label which is physically attached to the 

product package. Although the declaration of identity may also appear on the receipt or invoice, a 

receipt or invoice alone is not an adequate means to provide this information for these packages. 

Section 8. Declaration of Responsible Person: E-commerce Products 

8.1. E-commerce Packages. – Any e-commerce package offered for sale on an e-commerce site 

which is not owned or operated by the person responsible for the manufacture, packaging, labeling, 

or distributing of the e-commerce package shall specify conspicuously either; 

(a) a marking on the label of the name and address of the product manufacturer, packer, or 

distributor of the e-commerce package or;

(b) if there is no label, the information shall appear on documentation within the package.

The name shall be the actual corporate name, or, when not incorporated, the name under which the 

business is conducted. 

The address shall include street address, city, state (or country if outside the United States), and 

ZIP Code (or the mailing code, if any, used in countries other than the United States); however, the 

street address may be omitted if it is listed in any readily accessible, well-known, widely published, 

and publicly available resource, including but not limited to a printed directory, electronic 

database, or website. 

If a person manufactures, packs, or distributes a commodity at a place other than their principal 

place of business, the label may state the principal place of business in lieu of the actual place where 

the commodity was manufactured or packed or is to be distributed, unless such statement would be 

misleading. Where the commodity is not manufactured by the person whose name appears on the 

label, the name shall be qualified by a phrase that reveals the connection such person has with such 

commodity, such as “Manufactured for and packed by ________,” “Distributed by __________,” or 

any other wording of similar import that expresses the facts.

8.2. E-commerce Bulk Products and Select Random Packages. – All responsibility for bulk ecommerce products and e-commerce random packages bearing no Declaration of Responsible 

Person information shall be that of the person or entity responsible for the e-commerce site. 

8.3. E-commerce Site Requirements. – The operator of an e-commerce site offering products for 

sale shall comply with at least one of the following requirements regarding each product offered for 

sale:
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(e) The e-commerce site shall provide the name and address of the product manufacturer, 

packer, or distributor. 

(f) The e-commerce site shall provide the name and website address of the product 

manufacturer, packer, or distributor. 

(g) The e-commerce site shall provide the product brand name or the name of the product 

manufacturer, distributor, or packer, when product manufacturer, distributor or packer 

address information is displayed on the package label at the time the product is delivered to 

the purchaser. 

(h) When the e-commerce site owner or operator is the also the product manufacturer, packer 

or distributor, the e-commerce site shall clearly and conspicuously display its name, 

address, and contact information on both the e-commerce site and on the transaction 

receipt. 

Section 9. Product Photograph or Accurate Product Graphic Representation/Image: Ecommerce Site Requirements 

9.1. E-commerce Standard Packages. – Any e-commerce package offered for sale on an ecommerce site shall be represented on the site with a current photograph of the package offered for 

sale. As an alternative, a detailed and accurate photographic depiction or representation of the 

package may be displayed. This picture or graphical representation shall be sufficiently sized, 

detailed, and clear to enable the customer to distinguish this package or product from similar 

packages including varying sizes, varieties, and product functions. When a consumer can 

customize an e-commerce package, a photographic representation of the customized product can be 

provided in addition to the required pre-customized product. 

9.2. E-commerce Random Packages. – E-commerce random products offered for sale on an ecommerce site shall be accompanied on the site by a representative picture or photographic 

depiction of product (packaged or unpackaged) which is being offered for sale. This picture or 

photographic depiction shall be sufficiently sized, detailed, and clear to enable the customer to see 

the product and the pictured item shall be representative of the product being offered for sale. 

When a consumer can customize an e-commerce random package, a photographic representation 

of the customized product can be provided in addition to the required pre-customized product.

9.3. E-commerce Bulk Products and Select Random Packages. – Bulk products offered for sale on 

an E-commerce site shall be accompanied on the site by a representative picture or photographic 

depiction of the unpackaged product which is being offered for sale. Products packaged in random 

packages shall be displayed on the site with a representative depiction of a representative package, 

a clear and conspicuous statement explaining that packaged products are of random quantity, and 

instructions to customers regarding the means to specify a maximum or minimum package 

quantity in ordering and purchasing the product. The picture(s) or photographic depiction(s) shall 

be sufficiently sized, detailed, and clear to enable the customer to see the product and the pictured 

item shall be representative of the product being offered for sale. When a consumer can customize 

bulk or random package, a photographic representation of the customized product can be provided 

in addition to the required pre-customized product.

9.4. E-commerce Non-Consumer Packages. – Non-consumer products offered for sale on an ecommerce site shall be accompanied on the site by a representative picture or photographic 

depiction of the product which is being offered for sale. This picture or photographic depictions 
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shall be sufficiently sized, detailed, and clear to enable the customer to see the product and the 

pictured item shall be representative of the product being offered for sale. When a consumer can 

customize an non-consumer package, a photographic representation of the customized product can 

be provided in addition to the required pre-customized product. 

9.5. Pictures on Receipts: Transaction receipts are not required to provide pictures or 

photographic depictions

Section 10. Prominence and Placement of Required Information on E-commerce Sites: Offering Ecommerce Products for Sale

10.1. General Requirements. – All information required to appear on the e-commerce site which 

offers products for sale shall appear thereon in the English language and shall be prominent, 

definite, plain, and conspicuous as to size and style of letters and numbers and as to color of letters 

and numbers in contrast to color of background. Any required information that is either in hand 

lettering or hand script shall be entirely clear and equal to printing in legibility.

(a) Location. – The required e-commerce site declarations below shall be present in the top 

50 % the screen in which the product is offered for sale:

(1) identity;

(2) net quantity; 

(3) product price; 

(4) brand or manufacturer name; and 

(5) package picture or photographic representation/depiction. 

(b) Style of Type or Lettering – The required e-commerce site declarations shall be in such a 

style of type or lettering as to be boldly, clearly, and conspicuously presented with respect to 

other type, lettering, or graphic material on the screen. 

(c) Color Contrast. – The required e-commerce site declarations shall be in a color that 

contrasts conspicuously with its background. 

(d) Package Picture or Photographic Representation. – The product picture or photographic 

depiction shall be in the actual colors of the package or product. Slight variations in color 

shading are acceptable. 

10.2. Combined Declarations of Required Information. – One or more of the required ecommerce site declarations can be combined if the resulting statement is clear and not misleading. 

This shall not apply to product photograph or photographic representation. Combined 

declarations shall be of a consistent size same size and font, excepting the product price which may 

be in a larger size and a different font. 

(a) Combined Declarations of Required Information – The declarations of identity, net 

quantity, product price and/or brand or manufacturer name can be combined into a single 

statement on an e-commerce site provided the information is clear and not misleading. A 

combined statement may appear on a single line or multiple lines as illustrated below:
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Examples: 

1 kg (2.2 LB) Brand X Laundry Detergent $4.99 

Brand X

Laundry Detergent

1 kg (2.2 LB) 

$4.99 

(b) Free Area – The area surrounding a required individual or a combined declaration on an ecommerce site shall be free of printed information:

(1) above and below, by a space equal to at least the height of the lettering in the 

declaration; and

(2) to the left and right, by a space at least equal to twice the width of the letter “N” of the 

style and size of type. 

Section 11. Prominence and Placement: Delivered E-commerce Packages, Products and 

Receipts 

11.1. General Requirements – All information required to appear on an e-commerce package, 

product, or receipt shall appear thereon in the English language and shall be prominent, definite, 

plain, and conspicuous as to size and style of letters and numbers and as to color of letters and 

numbers in contrast to color of background. Any required information that is either in hand 

lettering or hand script shall be entirely clear and equal to printing in legibility.

11.2. Packages Intended for Sale in Retail Locations–A package properly labeled to comply with 

the retail shelf requirements of the UPLR will also comply with the e-commerce package label 

requirement. 

11.3. Orientation of Required Declarations. – The required declarations on packages, products, or 

receipts shall be presented in such a manner as to be generally consistent to the orientation of the 

label or package. 

Section 12. Effective Date 

This regulation shall become effective on __________, 20__. 

Given under my hand and the seal of my office in the city of __________ on this __________ day 

of ________, 20__. 

Signed _____________________ 

NIST OWM Detailed Technical Analysis:

On Item OTH 22.1. OWM recommends that the Committee request that PALS develop a strategy to reach 

out to other stakeholders. OWM recommends that the following organizations and others be invited to 

participate in the development of this proposed regulation and to provide feedback:

• Federal Agencies (especially FTC and FDA)
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• Major E-commerce retailers (Amazon, Etsy, Walmart, Target, Home Depot)

• Smaller E-commerce retailers (E-Bay) 

• Trade Associations (Consumers Brands Association, Food Industry Association, National Retail 

Federation, Retail Industry Leaders Association [RILA]) 

• Consumer Groups (Consumer Reports, National Consumers League)

OWM published a Federal Register Notice (FRN) requesting comments about the proposed rule for the 

and included E-commerce. OWM will assist PALS in these outreach efforts above upon request. 

• OWM agrees that greater stakeholder outreach is needed and should continue. OWM will assist 

PALS in reaching out to stakeholders once they are determined by PALS. 

• OWM provided numerous formatting changes in its analysis to align the regulation with 

Handbook 130 formatting. OWM will work with PALS to identify these changes and to 

recommend corrections.

• This extensive proposed model regulation has heard very little input or comment from NCWM 

membership. We encourage membership to give this proposed regulation a critical review.

OWM has identified additional opportunities for PALS to consider, that will assist stakeholders in 

achieving compliance of an e-commerce regulation. 

• OWM recommends that PALS consider developing a presentation which illustrates how to apply 

the requirements to a mockup of different e-commerce websites. Which should include graphical 

illustrations in showing how the requirements are applied. This would assist readers to 

understand this proposal as it moves forward for adoption. Later these graphics could be used as 

a training webinar to assist weights and measures administrators and inspectors as to how to 

implement an enforcement program. The presentation could also be modified for use as an 

educational webinar for designers and developers of e-commerce websites. 

• OWM supports the PALS proposal to develop a “best practices” guide for web designers and 

developers. 

• OWM also recommends PALS develop an Examination Procedure Outline (EPO) similar to the 

EPO for Price Verification. This would provide administrators and inspectors with detailed 

guidance on application of the regulation. This would allow for illustrations and examples of 

acceptable presentations and formats of required information. It may be worthwhile for States to 

start performing mock inspections of specific types of websites during the development of the 

regulation. This would allow for both the regulation and EPO to be developed simultaneously, 

and lessons learned in the mock inspections can be used to refine the regulation and answers any 

questions that arise. The primary reason for this proposal is to provide the states with a regulation 

that can be uniformly enforced across all websites. It is essential to provide uniformity so that 

you do not have a website owner told by one state to present information in a specific fashion, 

only to have a different state (or even the same state) reject the website. 

On Item WAM-23.1 OWM recommends adoption of a proposed amendment to Section 11 “Powers 

and Duties of the Director” in the Uniform Weights and Measures Law to authorize the Director to 
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adopt regulations that encompass the various aspects necessary to ensure e-commerce websites and 

other regulated e-commerce sales outlets comply with legal metrology requirements. 

It is not necessary to use the title of NIST HB 130 within the regulation. OWM recommends aligning 

the title to reflect the E-commerce Regulation language. 

(s) have the authority to employ recognized procedures and regulations designated within the within 

the Uniform E-commerce Regulation.

This item should be “blocked” with OTH-22.1. “Uniform Regulation for E-commerce Products”. It is 

premature to add this to the handbook until a Uniform Labeling Regulation for E-commerce Products 

is adopted. 

NIST OWM has reviewed the 2022 Publication 16 Item under Consideration and submits the following 

changes for consideration. NIST also sees no evidence within supporting documents that reflect support 

this has been fully vetted. OWM believes is it fully developed with the inclusion of the changes below. 

• PALS Committee members, Chair Guay, David Sefcik and John McGuire met with FTC on 

January 26, 2023, and provided and an overview of the e-commerce regulation. On April 10, 

2023, FTC provided comments to OWM which NIST OWM forwarded to PALS. On May 3, 

2023, PALS met and at that meeting, OWM reviewed FTC comments along with OWM’s 

recommended changes. OWM believes the changes will provide clarification and better align 

with the Uniform Package and Labeling Requirements (UPLR).

• For Item WAM-23.1. – Section 11. Powers and Duties of the Director products subject to unit 

pricing on E-commerce sites, the states should consult with their legal counsel to determine if 

their state has authority to enforce the e-commerce regulation (if adopted) or whether having a 

(model) weights and measures law is needed. 

• In Item OTH-22.1. OWM feels that 5.1.(b) Products Subject to Unit Pricing on E-commerce Sites 

should be incorporated into subsection (a) whereby all items bulk, random, or standard should be 

offered on an e-commerce site.

• In OTH 22.1. Section 6.7. the subsection lettering (a-h) is missing within the Item under 

Consideration. 

• If adopted, NIST OWM will have editorial privileges to update NIST HB130, I. Introduction, H. 

Effective Enforcement Dates of Regulations to add Uniform E-commerce Regulation. 

• OWM agrees that greater stakeholder outreach is needed to educate and obtain feedback. OWM 

will assist PALS in reaching out to stakeholders once they are determined by PALS. 

• Membership has provided very limited input and comment on this regulation. We encourage 

membership to give this proposed regulation a critical review and provide feedback to the L&R 

Committee.

 Recommended changes from NIST OWM. A double underline reflects an OWM addition of 

language. A double strikethrough reflects language to be stricken.

Section 2. Definitions
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The following definitions apply to this regulation:

2.1. Product – An article, commodity or substance that is manufactured, grown,

harvested, mined, or refined, or a package introduced into commerce for sale. 

2.2. Consumer Product – A product sold or offered for sale in packaged or bulk form 

which is intended for personal use in a home or residence consumption or use, by 

individuals. 

2.3. Non-Consumer Product – A product sold or offered for sale which is intended for 

use by a business or institution customer for industrial use or wholesale distribution.

other than a consumer product and particularly a product intended solely for industrial 

or institutional use or for wholesale distribution.

• In Section 2.19 – OWM recommends adding the following statement at the end 

2.19. SI or SI Units – SI or SI Units means the International System of Units as 

established in 1960 by the General Conference on Weights and Measures (CGPM) and 

interpreted or modified for the United States by the Secretary of Commerce. See the 

“Interpretation of the International System of Units for the United States” in the “Federal 

Register” (Volume 73, No. 96, pages 28432 to 28433) for May 16, 2008, and 15 United States 

Code, Section 205a - 2051 “Metric Conversion.” See also NIST Special Publication 330, The 

International System of Units (SI), 2019 edition and NIST Special Publication 811, Guide 

for the Use of the International System of Units (SI), 2008 edition that are available at 

www.nist.gov/pml/weights-and-measures/publications/metric-publications or by contacting 

TheSI@nist.gov. 

• In Section 2.20 U.S. Customary units - OWM is recommending striking 

2.20 U.S. Customary Units – “Units based upon the inch, foot, gallon, and the pound 

commonly used in the United States of America. U.S. customary units include units for 

weight, liquid measure, linear measure, area measure, volume measure and dry measure” 

(see NIST Handbook 130, UPLR Section 6. Declaration of Quantity: Consumer Packages 

for additional information). and replacing with

2.20. U.S. Customary Units – The U.S. customary system of weights and measures is 

recognized as a proper system to be used in the declaration of quantity. The declaration of 

quantity is based on weight, measure, or count. (see NIST Handbook 130, UPLR Section 6. 

Declaration of Quantity: Consumer Packages for additional information).

Section 3. Required Declarations for E-commerce Sites Offering Products for Sale 

3.3. Bulk Product E-commerce Site Requirements. – The following shall apply to ecommerce sites on which products from bulk are offered for sale:

... 

(d) Product Price – For products offered for sale limited to minimum and/or maximum 

per-order quantities, an estimated minimum or maximum possible product price,

where applicable, shall be provided to the customer on the e-commerce site in a 

conspicuous and prominent location. Added cost information (if any) for shipping,
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delivery, taxes, and other services shall be provided to the customer prior to the

completion of check out and payment.

Section 4. Required Information for E-commerce Products Upon Delivery.

4.1. Standard Package E-commerce Delivery Requirements. – The information below shall 

be provided within, upon or together with each standard package delivered to/received 

by a customer in an e-commerce transaction. Products which are labeled to be

compliant with the UPLR meet the requirements for Declaration of Identity, Net 

Quantity and Responsibility. Products which are not labeled for retail sale as 

prescribed by the UPLR shall provide the following:

... 

(d) Product Price. – The total price of the product shall be provided to the customer, 

either on a receipt or invoice or by appearing upon, within, or with the delivered 

standard package. In addition, cost information (if any) for shipping, delivery,

taxes, and other services shall be provided to the customer in the manner 

prescribed as above.

4.3. Bulk Product E-commerce Delivery Requirements – The following shall apply to

the information provided on or with bulk products delivered to / received by a 

customer in an e-commerce sale:

... 

(d) Product Price. – The total price charged for the product shall be provided to the 

customer on the transaction receipt. The total price of the product shall be

provided to the customer, cost information (if any) for shipping, delivery, taxes, 

and other services shall be provided either on a receipt or invoice.

5.2. Required Unit Price Information

The Unit Price shall be consistent with the required method of sale for the product.

(b) Units of Measure. - The declaration of the unit price of a particular commodity 

category of product in all package sizes offered for sale on an e-commerce site 

shall be uniformly and consistently expressed in the same unit of measure in 

terms of: 

• In Section 6.7. SI Units and Mass: OWM recommends the following change

o use the acronym for Uniform Packaging and Labeling Regulation and spell out Handbook. 

o Adding the Method of Sale to this section only causes confusion when discussing the UPLR. 

There is a note to refer the reader to the Method of Sale. 

o The subsection lettering is missing (a) – (h). However, OWM recommends striking out 

these sections since the statement has users referring to the UPLR.

o To capture the SI units after the words “Section 6.5 through 6.6.2.” include “and 7.4” 

o Strike the note (see Section 6. Note 1) – Note 1 duplicates the sentence in 6.7.
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o Then change Note 2 to be Note 1 

o Clarify regulatory agency by stating “federal or state regulatory agency” 

6.7. SI Units: Mass and Measure. – A declaration of quantity for an e-commerce product or 

package shall be expressed in units according to the Uniform Packaging and Labeling 

Regulation UPLR as specified in Handbook 130 (see Section 6. Note 1) Sections 6.5 through 6.6.2. and 

7.4, the applicable Uniform Regulation for the Method of Sale of Commodities (see Section 6. Note 1)

or the applicable regulation(s) of federal or state regulatory agency. Generally, declarations 

are to follow the requirements detailed below:

(a) in units of mass shall be in terms of the kilogram, gram, or milligram;

(b) in units of liquid measure shall be in terms of the liter or milliliter, and shall express the 

volume at 20 °C, except in the case of petroleum products or distilled spirits, for which 

the declaration shall express the volume at 15.6 °C, and except also in the case of a 

commodity that is normally sold and consumed while frozen, for which the declaration 

shall express the volume at the frozen temperature, and except also in the case of malt 

beverages or a commodity that is normally sold in the refrigerated state, for which the 

declaration shall express the volume at 4 °C;

(c) in units of linear measure shall be in terms of the meter, centimeter, or millimeter;

(d) in units of area measure shall be in terms of the square meter, square decimeter, square 

centimeter, or square millimeter;

(e) in units of volume other than liquid measure shall be in terms of the liter and milliliter, 

except that the terms cubic meter, cubic decimeter, and cubic centimeter will be used 

only when specifically designated as a method of sale;

(f) Shall be expressed in units so that the numerical declaration is greater than the number 

one “1” and less than number one thousand “1000”. While a common unit is required 

for similar products of similar size, when the product size range results in numerical 

declarations which are less than one or exceed 1000, then added units are permitted. 

Examples: 

500 g, not 0.5 kg 

1.96 kg, not 1960 g 

750 mL, not 0.75 L 

750 mm or 75 cm, not 0.75 m 

(g) SI declarations should be shown in three digits except where the quantity is below 

100 grams, milliliters, centimeters, square centimeters, or cubic centimeters where it can 

be shown in two digits. In either case, any final zero appearing to the right of the 

decimal point need not be shown; and the declaration of net quantity of contents shall 

not be expressed in mixed units.

Example: 

1.5 kg, not 1 kg 500 g 
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(h) Only those symbols as detailed in NIST Handbook 130 UPLR Section 6.5. Largest 

Whole Common Unit may be employed in the quantity statement on an e-commerce site 

or on a product package. 

• In Section 6.8. U.S. Customary Units: OWM recommends the following changes. 

o use the acronym for Uniform Packaging and Labeling Regulation and spell out Handbook 

o Adding the Method of Sale to this section only causes confusion when discussing the UPLR. 

There is a note to refer the reader to the Method of Sale. 

o The subsection lettering is missing (a) – (h). However, OWM recommends striking out these 

sections since the statement has users referring to the UPLR.

o To capture the U.S. Customary units cited in the UPLR after the words “Sections 6.7. through 

6.8.2.” include “and 7.5.” 

o Strike the note (see Section 6. Note 1) – Note 1 duplicates the sentence in 6.7.

o Then change note 2 to be note 1 

o Clarify regulatory agency by stating “federal or state regulatory agency” 

6.8. U.S. Customary Units: Weight and Measure. – A declaration of quantity for an ecommerce product or package shall be expressed in units according to the provisions of the 

UPLR as specified in Handbook 130 Uniform Packaging and Labeling Regulation (see Section 6. Note 

1)

 Sections 6.7. through 6.8.2. and 7.5., the applicable Method of Sale Regulation (see Section 6. Note1 2)

as applicable, or the applicable regulation(s) of a federal or state regulatory agency. Generally, 

declarations are to follow the requirements detailed below.

(a) in units of weight shall be in terms of the avoirdupois pound or ounce;

(b) in units of liquid measure shall be in terms of the United States gallon of 231 cubic 

inches or liquid quart, liquid pint, or fluid ounce subdivisions of the gallon and shall 

express the volume at 68 °F, except in the case of petroleum products or distilled spirits, 

for which the declaration shall express the volume at 60 °F, and except also in the case of 

a commodity that is normally sold and consumed while frozen, for which the declaration 

shall express the volume at the frozen temperature, and except also in the case of a 

commodity that is normally sold in the refrigerated state, for which the declaration shall 

express the volume at 40 °F, and except also in the case of malt beverages, for which the 

declaration shall express the volume at 39.1 °F;

(c) in units of linear measure shall be in terms of the yard, foot, 100-foot, or inch; 

(d) in units of area measure shall be in terms of the square yard, square foot, or square 

inch;

(e) in units of volume measure shall be in terms of the cubic yard, cubic foot, or cubic inch; 

and

(f) in units of dry measure, shall be in terms of the United States bushel of 2150.42 in3, or 

peck, dry quart, and dry pint subdivisions of the bushel.
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(g) Any generally accepted symbol and abbreviation of a unit name may be employed in the 

quantity statement on a package of commodity 

Section 6. NOTE 1: See NIST Handbook 130, Uniform Packaging and Labeling Regulation 

(UPLR).

Section 6. NOTE 1 2: See NIST Handbook 130, Uniform Regulation for the Method of Sale 

of Commodities. 

6.7. SI Units: Mass and Measure. – A declaration of quantity for an e-commerce product or

package shall be expressed in units according to the UPLR as specified in NIST Handbook

130 Uniform Packaging and Labeling Regulation (see Section 6. Note 1) Sections 6.5 through 6.6.2. 

and 7.4, the applicable Uniform Regulation for the Method of Sale of Commodities (see Section

6. Note 1 2)

 or the applicable regulation(s) of a federal or state regulatory agency. Generally, 

declarations are to follow the requirements detailed below:

6.8. U.S. Customary Units: Weight and Measure. – A declaration of quantity for an ecommerce product or package shall be expressed in units according to the provisions of 

the UPLR as specified in NIST Handbook 130 Uniform Packaging and Labeling 

Regulation (see Section 6. Note 1) Sections 6.7. through 6.8.2. and 7.5, the applicable Method of 

Sale Regulation (see Section 6. Note 1 2) as applicable, or the applicable regulation(s) of a federal or 

state regulatory agency. Generally, declarations are to follow the requirements detailed 

below

• 7.2. requires a title and OWM recommends “Identity Declaration”

8.3. E-commerce Site Requirements should have an “’; or” at the end of (a), (b), and (c).

Summary of Discussions and Actions:

At the 2022 NCWM Interim Meeting, the Committee gave an Assigned status to this item and believed 

more outreach to online retailers is needed. The Committee is uncertain that the impacted industry has 

had an opportunity to review and engage in the process. 

The Committee also considered adding an effective date to the proposal to address this concern but 

determined it would be better for PALS to reach out to retailers first and then consider the need for an 

effective date based on the feedback received.

The Committee replaced the original proposal with language provided by PALS on January 9, 2022. This 

modification provided for language to Section, “Section 11. Powers and Duties of the Director.” This 

language modifies the Weights and Measures Law, Section 11. Powers and Duties to be included with the 

original e-commerce proposal. However, in accordance with NCWM policies, the Chairman of the 

PALS was informed it must be submitted on a NCWM Form 15 to be considered. It was not considered 

with this item but, if submitted on a NCWM Form 15 it will be considered as a separate item.

Additional recommendations include:

• Reach out to all stakeholders including online retailers, producers, consumer groups, trade 

associations, and engage them in the PALS work. 
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• Consider comments submitted in January 2021 by NIST OWM to the PALS Chairman and L&R 

Committee.

• Reach out to other federal agencies with authority to regulate online retailers.

• Broaden the definition of current section 2.12. E-commerce Consumer Commodity.

• Conduct mock inspections of these e-commerce websites to help develop the item.

• Prepare a presentation which illustrates how to apply the requirements.

• Consider making the suggested amendments to Section 5 “Unit Pricing Requirements for 

Products Offered for Sale on an E-commerce Site” outlined in the OWM analysis supporting 

documentation. (This was addressed by PALS in the 2022 Item Under Consideration.)

• Develop an EPO, develop a best practice guide for web design, develop a presentation on how to 

apply the requirements for E-commerce websites and add a section for unit pricing requirements.

• Consider adding an effective date to provide sufficient time for online retailers to prepare for 

regulation.

At the 2022 NCWM Annual Meeting, PALS Chair Guay provided the Committee remarked that the 

primary challenges for the e-commerce proposal relate to maximizing its review prior to adoption and 

where and how it should be published upon completion. Many expect that reaching Informational status 

on the agenda will promote discussion of the item by encouraging businesses and consumers to speak at 

NCWM and regional meetings, educating the membership on e-commerce and building greater 

confidence in the proposal. Prior to Informational status, PALS will initiate outreach and encourage 

feedback prior to the 2023 NCWM Interim Meeting. PALS is also debating as to how the e-commerce 

proposal should be published; as NCWM standard published by NCWM, a standard published in NIST 

Handbook 130, or published as an NCWM Guidance/Recommended Practice Document once that 

mechanism is established by NCWM. 

At the 2023 NCWM Interim Meeting, Chair Guay provided an update to the work of e-commerce within 

PALS. Since last year PALS has revised some of the definitions. Outreach was performed to trade 

associations, National Retail, federal, consumers and FMI. PALS does consider this to be fully develop 

with no outstanding technical questions. It may need some minor editorial changes. It was noted by 

OWM that NIST HB130 Introduction, Section H does need to have the regulation added, if adopted. 

Chair Guay would like to have this regulation effective January 1, 2025. There have been very limited 

comments in the past year from stakeholders and regulators. If not adopted, it could possibly be put out 

as a guidance document. Several regulators would like to see this move forward as a Voting item. Hal 

Prince (Florida) spoke in support of this item. He noted with the effective period in 2025, this will 

provide ample time to address any issues or concerns. John McGuire (New Jersey) remarked that the ecommerce as unit pricing stipulated in the regulation, which allows for comparison shopping. Chair 

Guay remarked that a meeting is being held with the Federal Trade Commission (FTC), to discuss ecommerce. Lisa Warfield (OWM) asked for PALS Chair to submit the supporting letters to the 

Committee. Kurt Floren (Los Angeles, California) remarked that guidance on e-commerce is needed. 

Much of the e-commerce is within other regulations and this consolidates the requirements into one 

regulation. Kurt Floren did have some minor changes to provide guidance within other areas in the 

regulation. Tim Chesser (Arkansas) understands the need for this regulation but has an issue with the 
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enforcement aspect, especially with third-part vendors. Tim Chesser recommended this remain 

“informational” until additional outreach can be done. 

The Committee believed it is fully developed assigned Voting status to it. The Committee also blocked it 

with Item WAM -23.1. 

After the 2023 NCWM Interim Meeting, the Committee received a revised Item under Consideration 

from OWM and Chair Guay, that incorporated changes heard during open hearings. It was also noted that 

the Committee believes that the modification to the language in HB130, Introduction, Section H. 

Effective Enforcement Dates of Regulations (effective and subject to enforcement on January 1, 2025). 

was an editorial change that should be done by NIST, if the e-commerce was adopted.

At the 2023 NCWM Interim Meeting PALS Chair Guay and the NIST Advisor stated that item WAM 

23.1 was fully developed and should proceed in a block with Item OTH-22.1 - Uniform E-commerce 

Regulation. Some regulators remarked that this was unnecessary and was already covered under the State 

law. There was concern about the lack of stakeholder outreach and feedback. For those reasons some 

recommended this item be Withdrawn. The Committee concurred this item was fully developed and 

ready for Voting. They felt this was a model law and more states were in favor in having the language. 

They concurred it should be blocked with Item OTH-22.1 Unform E-commerce Regulation as it 

proceeded through the conference.

Regional Association Reporting: 

Western Weights and Measures Association

At the 2021 WWMA Annual Meeting, PALS Chair Guay gave a presentation on this item OTH-22.1 and 

recommended this be Developing. Kurt Floren pointed out several editorial changes, and suggested that 

this be a Voting Item. Kevin Schnepp (CDFA-DMS) also suggested editorial changes. Lisa Warfield 

(NIST OWM) recommended that PALS reach out to other stakeholders. She also suggested that a 

broader definition of section 2.12: 

“any commodity offered or exposed for sale by weight, measure or count from bulk or in 

packaged form.”. 

Lisa Warfield also suggested mock inspections of these e-commerce websites to help develop the item 

and recommends that PALS consider developing a presentation which illustrates how to apply the 

requirements to a mockup of different e-commerce websites. 

The Committee recommends that this Item be Assigned to the PALS Subcommittee. The Committee 

recommends that PALS develop a proposed amendment to Section 12 “Powers and Duties of the 

Director” in the Uniform Weights and Measures Law to authorize the Director to adopt regulations that 

encompass the various aspects necessary to ensure e-commerce websites and other regulated sales outlets 

comply with legal metrology requirements. The Committee also recommends that PALS consider 

making the suggested amendments to Section 5 “Unit Pricing Requirements for Products Offered for Sale

on an E-commerce Site” outlined in the OWM analysis supporting documentation. The Committee 

recommends that PALS provides stakeholder outreach to Federal agencies, major e-commerce retailers, 

smaller e-commerce retailers, trade associations and consumer groups. The Committee also recommends 

that PALS consider Lisa Warfield’s comments to develop material for e-commerce websites and conduct 

practical applications of the regulation, to develop a presentation which illustrates how to apply the 

requirements to different e-commerce websites.
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At the 2022 WWMA Annual Meeting, L&R Committee did not solicit comments on this item, and 

recommends this item continues as assigned to the PALS.

On Item WAM-23.1. Kurt Floren questioned whether this item was necessary but supported it moving 

forward if needed to support other e-commerce proposal. Kevin Schnepp supported this item moving 

forward. The WWMA L&R Committee recommended Voting status based on the comments heard.

Central Weights and Measures Association

At the 2021 CWMA Interim Meeting, PALS Chair Guay commented that this is a new effort that was 

originally intended as a guidance document but has evolved into a stand-alone model regulation. He 

reviewed the main components of the proposed language. PALS recommends this item move to 

Informational status for further input. Lisa Warfield commented recommended that PALS develop a 

strategy to reach out to stakeholders and invite them to participate in the development of this item. She 

asks the Committee to consider the NIST analysis for this item which was submitted to NCWM and 

CWMA L&R Committee members. The Committee recommends this item be given informational status 

for stakeholder input.

At the 2022 CWMA Annual, Chair Guay commented that the item is fully developed, and he believed the 

item needs to be reclassified as Informational because the item has Assigned status and no one from 

industry has been able to comment on it during open hearings. Charlie Stutesman (Kansas) commented 

that he believes the item should be escalated as a Voting Item so it can be discussed and vetted throughout 

the fall regional meetings. Chair Guay commented that he believes the item should be made 

Informational rather than voting because there has not been the opportunity for companies to come 

forward and speak to the model regulation.

The Committee recommends this item be classified as an Informational Item to allow input from industry, 

particularly during open hearings.

At the 2022 CWMA Interim Meeting, PALS Chair Guay commented the version included in the L&R 

agenda is the current version. Any revisions from the four regions will be made and will be available in 

Publication 15 prior to the 2023 NCWM Interim Meeting. He reviewed the changes that had been made 

since the last version of the item including new definitions, table of contents, and proposed effective 

dates. Chris Guay believes the item has been fully developed and pending any substantive changes from 

the regions it is ready for Voting status. Craig VanBuren (Michigan) commented he supports the item 

moving forward as a Voting Item and supports its content. Doug Musick (Kansas) supports the item, but 

he isn’t sure there should be a distinction between larger and smaller companies for an implementation 

date. Ivan Hankins (Iowa), Craig VanBuren, and Doug Rathbun (Illinois) support the item moving 

forward with Voting status. The Committee believes this item is fully developed and should be given 

Informational status for industry to have ample opportunity to provide input.

On Item WAM-23.1. PALS Chair Guay, indicated this item is fully developed and ready for voting 

provided the additional e-commerce agenda item passes. Based on testimony and hearing no objections, 

the Committee believes this item is fully developed and ready for Voting status.

At the 2023 CWMA Annual Meeting, John McGuire (NIST OWM) commented that on January 26, 2023, 

PALS (Chris Guay, John McGuire, and David Sefcik) gave an overview and summary of the e-commerce 

regulation to two staff attorneys at the FTC. FTC provided comments back to OWM on April 10, 2023 

which was forwarded to PALS for review. FTC comments represent staff opinion only and is not binding 

on the Commission or any Commissioner. OWM reviewed comments from the FTC and shared OWM’s

recommendations with PALS during our May 3rd, 2023 meeting. OWM recommended changes be 
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submitted to the L&R for consideration. OWM believes all the proposed changes are editorial, not 

technical in nature. OWM believes the changes will provide clarification and better align with the 

Uniform Package and Labeling Requirements (UPLR). OWM does not believe the proposed changes will 

inhibit the item from moving forward as a voting at the Annual NCWM meeting. Ivan Hankins, Iowa 

supports NIST OWM’s proposed changes and encourages everyone to vote. The Committee agrees the 

proposed changes by NIST are editorial in nature and believes the item is fully developed and ready for 

voting status. Changes submitted by NIST are as follows. The Committee is submitting NIST’s changes 

in red text and gives NCWM staff editorial privileges to reformat for Publication 16. 

(Note: Changes made by CWMA are reflected with a double-underscore or double strikethrough) 

Section 2. Definitions

The following definitions apply to this regulation:

1.1. Product -- An article, commodity or substance that is manufactured, grown, harvested,

mined, or refined, or a package introduced into commerce. for sale.

1.2. Consumer Product – A product sold or offered for sale in packaged or bulk form which is 

intended for personal use in a home or residence consumption or use, by individuals.

1.3. Non-Consumer Product -- A product sold or offered for sale which is intended for use by a 

business or institution customer for industrial use or wholesale distribution. other than a 

consumer product and particularly a product intended solely for industrial or institutional use or 

for wholesale distribution.

2.10. SI or SI Units – SI or SI Units means the International System of Units as established in 1960 

by the General Conference on Weights and Measures (CGPM) and interpreted or modified for the 

United States by the Secretary of Commerce See the “Interpretation of the International System of

Units for the United States” in the “Federal Register” (Volume 73, No. 96, pages 28432 to 28433) 

for May 16, 2008, and 15 United States Code, Section 205a - 2051 “Metric Conversion.” See also 

NIST Special Publication 330, The International System of Units (SI), 2019 edition and NIST

Special Publication 811, Guide for the Use of the International System of Units (SI), 2008 edition 

that are available at www.nist.gov/pml/weights-and-measures/publications/metric-publications or 

by contacting TheSI@nist.gov.

2.20. U.S. Customary Units – Units based upon the inch, foot, gallon, and the pound commonly 

used in the United States of America. U.S. customary units include units for weight, liquid

measure, linear measure, area measure, volume measure and dry measure The U.S. customary 

system of weights and measures is recognized as a proper system to be used in the declaration of

quantity. The declaration of quantity is based on weight, measure, or count. (see NIST Handbook 

130, UPLR Section 6. Declaration of Quantity: Consumer Packages for additional information). 

Section 3. Required Declarations for E-commerce Sites Offering Products for Sale 

3.3. Bulk Product E-commerce Site Requirements. – The following shall apply to e-commerce 

sites on which products from bulk are offered for sale:

... 

(e) Product Price – For products offered for sale limited to minimum and/or maximum per-
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order quantities, an estimated minimum or maximum possible product price, where

applicable, shall be provided to the customer on the e-commerce site in a conspicuous and 

prominent location. Added cost information (if any) for shipping, delivery, taxes, and 

other services shall be provided to the customer prior to the completion of check out and 

payment. 

Section 4. Required Information for E-commerce Products Upon Delivery.

4.1. Standard Package E-commerce Delivery Requirements. – The information below shall be 

provided within, upon or together with each standard package delivered to/received by a 

customer in an e-commerce transaction. Products which are labeled to be compliant with the

UPLR meet the requirements for Declaration of Identity, Net Quantity and Responsibility.

Products which are not labeled for retail sale as prescribed by the UPLR shall provide the 

following:

... 

(e) Product Price. – The total price of the product shall be provided to the customer, either 

on a receipt or invoice or by appearing upon, within, or with the delivered standard 

package. In addition, cost information (if any) for shipping, delivery, taxes, and other

services shall be provided to the customer in the manner prescribed as above.

4.3. Bulk Product E-commerce Delivery Requirements – The following shall apply to the

information provided on or with bulk products delivered to / received by a customer in an ecommerce sale:

... 

Product Price. – The total price charged for the product shall be provided to the 

customer on the transaction receipt. The total price of the product shall be provided to

the customer, cost information (if any) for shipping, delivery, taxes, and other services 

shall be provided either on a receipt or invoice.

5.2. Required Unit Price Information

The Unit Price shall be consistent with the required method of sale for the product.

(c) Units of Measure. - The declaration of the unit price of a particular commodity category 

of product in all package sizes offered for sale on an e-commerce site shall be uniformly

and consistently expressed in the same unit of measure in terms of: 

6.7. SI Units: Mass and Measure. – A declaration of quantity for an e-commerce product or

package shall be expressed in units according to the UPLR as specified in NIST Handbook

130 Uniform Packaging and Labeling Regulation (see Section 6. Note 1) Sections 6.5 through 6.6.2. 

and 7.4, the applicable Uniform Regulation for the Method of Sale of Commodities (see Section 6.

Note 1 2)

 or the applicable regulation(s) of a federal or state regulatory agency. Generally, 

declarations are to follow the requirements detailed below:

6.8. U.S. Customary Units: Weight and Measure. – A declaration of quantity for an e-commerce

product or package shall be expressed in units according to the provisions of the UPLR as 

specified in NIST Handbook 130 Uniform Packaging and Labeling Regulation ((see Section 6. Note
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1)

 Sections 6.7. through 6.8.2. and 7.5, the applicable Method of Sale Regulation ((see Section 6. Note

1 2)

 as applicable, or the applicable regulation(s) of a federal or state regulatory agency. 

Generally, declarations are to follow the requirements detailed below

7.2. Identity Declaration - The identity declaration shall be in terms of:

Southern Weights and Measures Association 

At the 2021 SWMA Annual Meeting, PALS Chair Guay gave a presentation of the work done by the 

group. Matthew Curran (Florida) commented on the need for these regulations for accountability and 

enforcement. NIST OWM provided written analysis that suggested this item be Developing and 

recommended reaching out to other stakeholders, amend the powers and duties of State Directors, develop 

an EPO, develop a best practice guide for web design, develop a presentation on how to apply the 

requirements for e-commerce websites, and add a section for unit pricing requirements. 

The Committee recommends this item be Assigned to PALS for further development using the guidance 

from NIST OWM written analysis. 

At the 2022 SWMA Annual Meeting, no comments were heard, submitter was not available. The 

Committee recommends this item remain Assigned. 

On Item WAM-23.1. Tim Chesser (Arkansas) expressed that he was puzzled; he felt all of this was 

already covered in Handbook 130 in the Weights and Measures Law. He said all this was already 

addressed in Arkansas. He does not believe that a whole section dedicated to e-commerce is needed. 

Lisa Warfield commented an additional item OTH 22.1 is under consideration which aligns with the item. 

Lisa Warfield agreed with Tim Chesser that this is not needed and is more reactionary to another item that 

was recently adopted in the handbooks. She suggested that if it goes through, make it align with OTH 

22.1 (package and labeling in the e-commerce).

The Committee considers this item is fully developed and recommended this moving forward with a 

Voting status contingent upon item OTH-22.1. The Committee considers that these two items should 

move forward as a block and that the titles of the regulations would need to be aligned. 

Northeastern Weights and Measures Association 

At the 2021 NEWMA Interim Meeting, PALS Chair Guay commented that this item was originally 

developed as a guidance document rather than model language for regulation. As the work has 

progressed on this item and the demand in the marketplace continues to grow, it has become apparent 

there needs to be model regulation for e-commerce. Chris Guay commented that PALS has fully 

developed the Item and welcomes comments from the regions. Mike Sikula (New York) recommends 

this item move forward as an Informational Item to allow industry members time to vet and to attend 

future meetings and comment on the model language. David Sefcik reviewed the NIST analysis 

comments and stated that a copy has been provided to PALS for review. Cheryl Ayer (New Hampshire) 

expressed her appreciation to PALS and supports the item moving forward. John McGuire (New Jersey) 

expressed his appreciation to Chris Guay for his long and hard work on this item. He concurs the item 

should move forward with Informational status. The Committee recommends this item move forward 

with Informational status.

At the 2022 NEWMA Annual Meeting, John McGuire (Acting L&R NEWMA Chair and New Jersey) 

noted that NCWM website has new information posted on this item under the NCWM L&R supporting 
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documents. He has yet to review the material to determine what changes, if any, were made. David 

Sefcik stated that NIST OWM supports the work being done by PALS. Jason Flint (New Jersey) stated 

that Section 5.2., Unit Pricing should be mandatory not voluntary. NEWMA L&R Committee 

recommends this item continue to be Assigned to PALS. NEWMA L&R requests that PALS revisit or 

re-review and discuss whether Unit Pricing should be mandatory or voluntary.

At the 2022 NEWMA Interim Meeting, no comments were heard on Item OTH-22.1. The Committee 

recommends the item remain Assigned. On Item WAM 23-1. Lisa Warfield commented that this is a new 

item and believes it should be assigned to PALS since it encompasses more than labeling (ex. pricing, 

unit pricing and graphic illustrations). She further commented that states need to determine if there is a 

need to modify this section. She concluded her remarks by asking the Committee to consider blocking 

this item with agenda item OTH-22. She also asked that the Committee reconsider changing the title of 

this item to be consistent with OTH-22. The Committee recommended this item be blocked with OTH22-1 and be Assigned to PALS.

At the 2023 NEWMA Annual Meeting, John McGuire (NIST OWM) remarked that Section 6.7 needs 

letter designation (a) through (h). Michael Keilty (Endress + Hauser Flow) asked why this section had 

definitions that exist in other publications. Jason Flint (New Jersey) offered an explanation as a possible 

tentative code. David Sefcik noted that this is to be a permanent code and a standalone item.

The Committee recommended this as a Voting Item.
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Item Block 6 (B6) Transmission Fluid 

B6: MOS-21.1. A Section 2.36.2. Labeling and Identification of Transmission Fluid

B6: FLR-21.2. A Section 3.14.1. Labeling and Identification of Transmission Fluid

Source: Fuels and Lubricants Subcommittee (originally submitted by Missouri Dept of 

Agriculture)

Submitter’s Purpose and Justification:

Protect consumers by providing a cautionary statement of package labels of obsolete transmission fluids. 

Cautionary statements regarding obsolete products are currently required for tractor hydraulic fluids and 

are under consideration for motor oil. A cautionary statement and its position on the product label are 

currently not required for Transmission fluid in either the Method of Sale, or Fuels and Lubricants 

Regulations. This proposal will protect consumers by ensuring they are informed when purchasing 

transmission fluids.

The submitter acknowledged that there may be argument that there is not sufficient space on the front 

package label for a cautionary statement.

The submitter requested Voting status for this item in 2021. 

NIST OWM Executive for Section Item Block 6 (B6) – Transmission Fluid

NIST OWM Recommendation: OWM recommends this be withdrawn for the following reasons:

IFG Chair Johnson reported to FALS that designating transmission fluid “obsolete” is impractical for a 

variety of reasons, including lack of a comprehensive and consistent standards setting organization 

mechanism, and therefore the original amendment approach should no longer be pursued. 

Chair Johnson has recommended they should switch focus (purpose) to developing other potential 

consumer protection language for labels. OWM recommends this item be Withdrawn. Any future 

items should be resubmitted to the L&R Committee for consideration. 

Table 2. Summary of Recommendations

Item Block 6 (B6) – Transmission Fluid 

Status Recommendation Note* Comments

Submitter

OWM Withdrawn

WWMA Assigned

NEWMA Assigned

SWMA Assigned

CWMA Assigned

NCWM Assigned

*Notes Key:

1 Submitted modified language
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2 Item not discussed

3 No meeting held

4 Not submitted on agenda

5 No recommendation or not considered

Item Under Consideration:

B6: MOS-21.1. A Section 2.36.2. Labeling and Identification of Transmission Fluid 

2.36.2. Labeling and Identification of Transmission Fluid. – Transmission fluid shall be labeled 

or identified as described below.

(Added 2017) 

2.36.2.1. Container Labeling. – The label on a container of transmission fluid shall not contain any 

information that is false or misleading. Containers include bottles, cans, multi-quart or liter 

containers, pails, kegs, drums, and intermediate bulk containers (IBCs). In addition, each container of 

transmission fluid shall be labeled with the following: 

(a) the brand name; 

(b) the name and place of business of the manufacturer, packer, seller, or distributor; 

(c) the words “Transmission Fluid,” which may be incorporated into a more specific description 

of transmission type such as “Automatic Transmission Fluid” or “Continuously Variable 

Transmission Fluid”; 

(d) the primary performance claim or claims met by the fluid and reference to where any 

supplemental claims may be viewed (for example, website reference). Performance claims 

include but are not limited to those set by original equipment manufacturers and standards 

setting organizations such as SAE and JASO and are acknowledged by reference; and 

(e) an accurate statement of the quantity of the contents in terms of liquid measure.

(f) Any obsolete equipment manufacturer specifications shall be clearly identified as 

“obsolete” and accompanied by the following cautionary statement on the principal 

display in accordance with the Uniform Packaging and Labeling Regulation, Section 8. 

Prominence and Placement: Consumer Packages and Section 9. Prominence and 

Placement: Non-Consumer Packages.

(g) Caution: Some of the specifications are no longer deemed active by the original 

equipment manufacturer. Significant harm to the transmission is possible when using 

in applications in which it is not intended. Always refer to your vehicle owner’s manual 

for proper transmission fluids.

(h) The above warning cautionary statement is not required if the fluid claims to meet 

current original equipment manufacturer’s specifications and refers to thereby 

preceding specifications. 

(Added 20XX)

(Added 2017 and Amended 20XX) 
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B6: FLR-21.2. A Section 3.14.1. Labeling and Identification of Transmission Fluid 

Amend Handbook 130, Uniform Fuels and Automotive Lubricants Regulation, as follows: 

3.14.1. Labeling and Identification of Transmission Fluid. – Transmission fluid shall be labeled 

or identified as described below

(Added 2017) 

3.14.1.1. Container Labeling. – The label on a container of transmission fluid shall not contain 

any information that is false or misleading. Containers include bottles, cans, multi-quart or liter 

containers, pails, kegs, drums, and intermediate bulk containers (IBCs). In addition, each 

container of transmission fluid shall be labeled with the following: 

(a) the brand name;

(b) the name and place of business of the manufacturer, packer, seller, or distributor; 

(c) the words “Transmission Fluid,” which may be incorporated into a more specific 

description of transmission type such as “Automatic Transmission Fluid” or 

“Continuously Variable Transmission Fluid”; 

(d) the primary performance claim or claims met by the fluid and reference to where any 

supplemental claims may be viewed (e.g., website reference). Performance claims 

include but are not limited to those set by original equipment manufacturers and 

standards setting organizations such as SAE and JASO and are acknowledged by 

reference; and 

(e) an accurate statement of the quantity of the contents in terms of liquid measure.

(f) Any obsolete equipment manufacturer specifications shall be clearly identified as 

“obsolete” and accompanied by the following cautionary statement on the principal 

display panel in accordance with the Uniform Packaging and Labeling Regulation, 

Section 8. Prominence and Placement: Consumer Packages and Section 9. 

Prominence and Placement: Non-Consumer Packages.

Caution: Some of the specifications are no longer deemed active by the original 

equipment manufacturer. Significant harm to the transmission is possible when 

using in applications in which it is not intended. Always refer to your vehicle 

owner’s manual for proper transmission fluids.

The above cautionary statement is not required if the fluid claims to meet current 

original equipment manufacturer’s specifications and refers to thereby preceding 

specifications

(Added 20XX)

(Amended 2017 and 20XX)

NIST OWM Detailed Technical Analysis:

NIST supports the work of the Focus Group and encourages them to work with industry to reach for 

recommended language for inclusion into the NIST Handbook. 
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Summary of Discussions and Actions:

At the 2021 NCWM Interim Meeting, Ron Hayes (retired) provided an overview to the Committee 

regarding the issue with obsolete fluids in the marketplace. He also remarked that at the CWMA 2020 

Meeting he with worked with Lisa Warfield (NIST OWM) to clarify the language in the first paragraph of 

(f). Lisa Warfield (NIST OWM) remarked that the language should be clear and conspicuous following 

the UPLR. Lisa Warfield had noted that UPLR does not have specifications for color however, Section 8. 

does state it must be conspicuous. It was unknown whether this product type include both consumer and 

non-consumer type packaging. Ms. Johanna Johnson would like additional time to reach consensus with 

industry regarding to align terminology (e.g., obsolete, current, active). Ms. Johnson requested the 

Committee provide this with an Informational status. 

The Committee reviewed the following item for consideration in NCWM Publication 15 (2021):

(e) Any obsolete equipment manufacturer specifications shall be clearly identified as “obsolete” 

and accompanied by the following warning on the principal display panel in clearly legible 

font size and color as stated in Uniform Packaging and Labeling Regulation 8.2.2. 

Caution: Some of the specifications are no longer deemed active by the original equipment 

manufacturer. Significant harm to the Transmission is possible when using in applications 

in which it is not intended. Always refer to your vehicle owner’s manual for proper 

transmission fluids. 

The above warning is not required if the fluid claims to meet current original equipment 

manufacturer’s specifications and refers to thereby preceding specifications. 

(Added 20XX)

It was agreed by the Committee that this language should be identical to the language that was just voted

in at the 2020 NCWM Annual Meeting within Item Block 2. Tractor Hydraulic Fluid. 

The Committee provided this a status of Assigned and would like FALS to further evaluate with 

recommendations that Ms. Johnson provides. The Committee would like FALS to review the language to 

see if this product includes consumer and non-consumer type packaging. Many spoke in support of how 

this item will be developed through FALS. 

At the 2021 NCWM Annual Meeting, FALS Chair Striejewske provided an updated that Ms. Johnson 

provided an update of the FG work to date. The FG has concluded that the model regulation in the 

handbook is sufficient, but there is no licensing system for transmission fluid as there is for engine oil. 

Transmission fluids have been found in the marketplace in Missouri that are not suitable for use in some 

transmissions. The group is working to harmonize the various standards across the industry. Several 

OEM specifications have been found and are being categorized. This work is ongoing, and no further 

action was taken by the Committee.

At the 2022 NCWM Annual Meeting the Committee supports this as an Assigned Item to FALS where 

there is the expertise to develop this item.
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Regional Association Reporting:

Western Weights and Measures Association

At the 2021 WWMA Annual Meeting, Russ Lewis (API) provided testimony in support of this Block 

moving forward as a Voting Item. Dr. Striejewske (FALS Chair) stated that this Item Block has been 

assigned to FALS, and that the item is being worked on by a Task Group led by Joanna Johnson from the 

AOCA. Ron Hayes (Retired, Missouri) stated as part of the Task Group they are working on a list with 

Allan Morrison (CDFA – DMS). Remarked that the list is comprised of both current and obsolete 

automatic transmission fluids. The Committee recommends that this item remain Assigned. The 

Committee supports the work that the FALS Subcommittee is conducting.

At the 2022 WWMA Annual Meeting, The L&R Committee did not solicit comments on this item, and 

recommends this item continue as assigned to FALS and thanks the subcommittee for their support.

Central Weights and Measures Association

At the 2021 CWMA Interim Meeting, Ron Hayes commented that there have been several meetings 

related to this issue, and Ron Hayes and Allen Morrison are working on a list of specifications for all 

existing transmission fluids for engines. He believes the item is fully developed and is ready for Voting 

status pending the completion of the list of specifications for transmission fluids for engines. FALS 

Transmission Fluid FG Chair Johnson made several comments that the FG does not recommend the 

current language because there is no clear distinction or understanding of the definition of obsolete. The 

FG is supportive of developing the complete list of specifications to see if there is a way to distinguish 

ones that are not fit for purpose or should be considered obsolete, and the engine manufacturers will 

comply with. Based on comments provided during open hearings, the Committee recommends the item 

remain Assigned to the Focus Group.

At the 2022 CWMA Annual Meeting, there were no comments heard on this item. The Committee 

recommends keeping this Assigned.

At the 2022 CWMA Interim Meeting, Kevin Upschulte (Missouri) commented that the original intent of 

this item was to define products in the marketplace that were obsolete. The focus of the ATF group has 

shifted to develop language for obsolete lubricants that will appear on ATF containers. Kevin Upschulte 

believes Assigned status is appropriate for further development. The Committee concurs.

At the 2023 CWMA Annual Meeting, no comments were heard and the Committee recommends this as 

an Assigned item.

Southern Weights and Measures Association

At the 2021 SWMA Annual Meeting, Prentiss Searles (API) is in support of this item remaining as 

Assigned. NIST OWM provided written analysis supporting the development of this Blocked item 

through FALS. The Committee recommends this item to remain Assigned. 

At the 2022 SWMA Annual Meeting, no comments were heard on this item. The Committee 

recommends this item remain in the Assigned Status.
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Northeastern Weights and Measures Association 

At the 2021 NEWMA Interim Meeting, Ron Hayes provided an update on this item. Ms. Joanna Johnson 

(TG Chair) submitted a statement that Ron Hayes read. Lisa Warfield commented that she recommended

the item move forward with Voting status provided the list of obsolete transmission fluids is completed 

by April 2022 (deadline for NCWM Publication 16). John McGuire supports NIST’s recommendation as 

a Voting Item, as does the Committee.

At the 2022 NEWMA Annual Meeting, no comments received during the open hearing.

References: 

[1] NIST OWM Analysis and Executive reports https://www.nist.gov/pml/weights-andmeasures/publications/owm-technical-analysis 

[2] National Conference on Weights and Measures Publication 15 (2023) and 16 (2023) 

https://www.ncwm.com/

[3] 1905-2021 NCWM Annual Conference reports https://www.nist.gov/pml/weights-andmeasures/publications/ncwm-annual-reports

Appendix A. Supplemental Documents 

Appendix B. List of Symbols, Abbreviations, and Acronyms

API

American Petroleum Institute

ASTM

ASTM International

CCC

Certificate of Conformance

CFR

Code of Federal Regulations

CWMA

Central Weights and Measures Association 

EPA

Environmental Protection Agency

EPO

Examination Procedure Outline

EV

Electric Vehicle

EVFE

Electric Vehicle Fueling Equipment
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EVSE

Electric Vehicle Supply Equipment

FALS

Fuels and Lubricants Subcommittee

FDA

Food and Drug Administration

FTC

Federal Trade Commission

HB

Handbook

ISO

International Organization for Standardization

MOS

Method of Sale

NCWM

National Conference on Weights and Measures

NEWMA

Northeastern Weights and Measures Association

NIST

National Institute of Standards and Technology

NTEP

National Type Evaluation Program

OWM

Office of Weights and Measures

PALS

Packaging and Labeling Subcommittee

S&T

Specification and Tolerances

SAE

SAE International

SWMA

Southern Weights and Measures Association

TG

Task Group

THC

Tetrahydrocannabinol

UETA
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Uniform Electronic Transaction Act

UPLR

Uniform Packaging and Labeling Regulation

USNWG

U.S. National Work Group

UWL

Unform Weighmaster Law

WWMA

Western Weights and Measures Association