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Executive Summaries from the 

NIST Office of Weights and Measures (OWM) Analysis 

Laws and Regulations (L&R) 

2023 NCWM Interim Meeting Agenda 

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

community with high level points that summarize the technical aspects and recommendations for the Item

Under Consideration. The full NIST OWM Analysis can be viewed at 

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

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

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

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

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

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

Mr. David Sefcik, L&R Committee, david.sefcik@nist.gov or (301) 975-4868 
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Table A

Table of Contents

Reference Key Title of Item L&R Page

WAM – Uniform Weights and Measures Law...................................................................................4

WAM-23.1 Section 11. Powers and Duties of the Director.................................................................................. 4

OWM Executive Summary for WAM-23.1. Section 11. Powers and Duties of the Director ................................. 4

WML – Uniform Weighmaster Law .....................................................................................................4

WML-23.1 Section 10. Certificate: Required Entries ........................................................................................... 4

OWM Executive Summary for WML-23.1 – Section 10. Certificate: Required Entries....................................... 4

MOS – Uniform Regulation for the Method of Sale of Commodities.........................................5

MOS-23.1 Section 1.12. Ready-to Eat Food, 1.12.2. Methods of Sale. .............................................................. 5

OWM Executive Summary for MOS-23.1 Section 1.12. Ready-to-Eat Food, 1.12.2. Methods of Sale................. 5

MOS-20.5 Section 2.21. Liquefied Petroleum Gas............................................................................................. 5

OWM Executive Summary for MOS-20.5 – Section 2.21. Liquefied Petroleum Gas........................................... 5

MOS-23.4 Retail Sales of Electricity Sold as a Vehicle Fuel.............................................................................. 6

OWM Executive Summary for MOS-23.4 – Retail Sales of Electricity Sold as a Vehicle Fuel ............................ 6

UPR – Uniform Unit Pricing Regulation............................................................................................6

UPR-23.1 Section 2. Terms for Unit Pricing...................................................................................................... 6

OWM Executive Summary for UPR-23.1 – Section 2. Terms for Unit Pricing...................................................... 6

NTP – Uniform Regulation for National Type Evaluation.............................................................7

NTP-23.1 Section 4. Prohibited Acts and Exemptions....................................................................................... 7

OWM Executive Summary for NTP-23.1 Section 4. Prohibited Acts and Exemptions......................................... 7

FLR – Uniform Fuels and Automotive Lubricants Regulation....................................................8

FLR-23.3 Section 2.20. Hydrogen Fuel. ............................................................................................................. 8

OWM Executive Summary for FLR-23.3 Section 2.20. Hydrogen Fuel ................................................................ 8

FLR-23.4 Section 4.3. Dispenser Filters............................................................................................................. 8

OWM Executive Summary for FLR-23.4. – Section 4.3. Dispenser Filters........................................................... 8

PPV – Examination Procedure for Price Verification ....................................................................9

PPV-23.1 Inspection Procedures for Online Orders............................................................................................ 9

OWM Executive Summary for PPV-23.1. – Inspection Procedures of Online Orders........................................... 9

NET – Handbook 133: Checking the Net Content of Packaged Goods ....................................9

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............................................................................................................................................... 9

OWM Executive Summary 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................................................................................................. 9

NET-22.2 Section 3.1.1 Test Methods and 3.X. Gravimetric Test Procedure for Viscous and Non-Viscous 

Liquids by Portable Digital Density Meter............................................................................................................ 10

OWM Executive Summary for Section 3.1.1 Test Methods and 3.X. Gravimetric Test Procedure for Viscous and 

Non-Viscous Liquids by Portable Digital Density Meter...................................................................................... 10

OTH – Other Items ................................................................................................................................12

OTH-22.1 A Uniform Regulation for E-commerce Product Identity, Net Quantity, Responsible Person, Price, 

and Unit Price Information.................................................................................................................................... 12

OWM Executive Summary for OTH-22.1 – Uniform Regulation for E-commerce Product Identity, Net Quantity, 

Responsible Person, Price, and Unit Price Information ........................................................................................ 12

Item Block 1 (B1) Renewable Diesel and Diesel ........................................................................12
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B1: MOS-23.1 Sections 2.23. Biodiesel and biodiesel Blends that Contain Greater Than or Equal to 21% by 

Volume Biodiesel. and 2.40. Diesel Fuel. ............................................................................................................. 12

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. ................... 12

OWM Executive Summary for Item Block 1 (B1)– Renewable Diesel and Diesel .............................................. 12

Item Block (B3) Cannabis...............................................................................................................12

B3: PAL-22.1V Section 2. Definitions 2.XX. Cannabis and Cannabis-Containing Products.............................. 13

B3: PAL-22.2V Section 10. Requirements, 10.XX. Cannabis and Cannabis-Containing Products..................... 13

B3: MOS-22.2 V Section 1.XX. Cannabis and Cannabis-Containing Products and 2.XX. Cannabis and 

Cannabis-Containing Products.............................................................................................................................. 13

OWM Executive Summary for Block 3. (B3) – Cannabis.................................................................................... 13

Item Block 6 (B6) Transmission Fluid...........................................................................................15

B6: MOS-21.1. A Section 2.36.2. Labeling and Identification of Transmission Fluid......................................... 15

B6: FLR-21.2. A Section 3.14.1. Labeling and Identification of Transmission Fluid......................................... 15

OWM Executive Summary for Section Item Block 6 (B6) – Transmission Fluid ................................................ 15
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Details of All Items

(In order by Reference Key)

WAM – Uniform Weights and Measures Law

WAM-23.1 Section 11. Powers and Duties of the Director

OWM Executive Summary for WAM-23.1. Section 11. Powers and Duties of the Director

OWM Recommendation: OWM believes this item is developed. However, this should not proceed if 

OTH-22.1. Uniform Regulation for E-commerce Product Identity, Net Quantity, Responsible Party, and 

Price Information is not adopted. Therefore, this item should be placed into a block with OTH-22.1 so 

they can proceed through the conference together. 

• 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. 

• It is not necessary to use the title of NIST HB 130 within the model law. OWM recommends the 

following language: 

(s) have the authority to employ recognized procedures and regulations designated within 

the Uniform Regulation for E-commerce Product Identity, Net Quantity, Responsible 

Party, and Price Information. 

• The Committee should consider blocking this with OTH-22.1. Uniform Regulation for E-commerce 

Product Identity, Net Quantity, Responsible Party, and Price Information. Until the E-commerce 

Regulation is adopted it would be premature to adopt this before a Regulation is in place. 

WML – Uniform Weighmaster Law

WML-23.1 Section 10. Certificate: Required Entries 

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

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

• 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.

• This is adding 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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MOS – Uniform Regulation for the Method of Sale of Commodities

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

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

Sale.

OWM Recommendation: OWM does not believe this item has merit and recommends this item be 

withdrawn.

• The title should not have “/” but a period. Should read 1.12.2.

• In 2016, a Ready to Eat Task Group was chaired by OWM and was comprised of 14 regulatory 

officials and seven industry and trade association representatives. The method of sale and 

definition of “ready-to-eat” was significantly vetted prior to its last modification adopted in 2017, 

including a discussion on the use of eliminating the term “single serving”. 

• The submitter is implying within the justification that “ready-to-eat” would be applicable to all 

prepackaged type foods within the marketplace. The definition of “ready-to-eat” is used to apply 

the method of sale, which states it applies only to restaurant style food.

• Applying the term “single serving” would eliminate such items as whole chickens and pizza.

MOS-20.5 Section 2.21. Liquefied Petroleum Gas

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

OWM Recommendation: OWM recommends this as a Voting Item.

• OWM recognizes that this proposal did not garner enough votes at the 2021 and 2022 NCWM 

Annual Meetings and was returned to the Committee.

• 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.

• OWM recommends that the Committee consider delaying the effective date in Section 2.21.2.(b).
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MOS-23.4 Retail Sales of Electricity Sold as a Vehicle Fuel

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

OWM Recommendation: OWM recommends this as a Voting Item.

• 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 HB44 to the megajoule, as well as align

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 proposal is in harmony with the USNWG’s EVFE Subgroup 2022 recommendation deleting all 

references to the “megajoule” unit of measurement in the EVFS handbook requirements.

• 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 kilowatthour 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.

UPR – Uniform Unit Pricing Regulation

UPR-23.1 Section 2. Terms for Unit Pricing.

OWM Executive Summary for UPR-23.1 – Section 2. Terms for Unit Pricing.

OWM Recommendation: OWM supports the recommended proposal with a minor modification. 

• OWM supports 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.”

• 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 Special Publication 1181 Unit Pricing Guide, 
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OWM Executive Summary for UPR-23.1 – Section 2. Terms for Unit Pricing.

“A Best Practice Approach to Unit Pricing”. 

• The title as stated in the report “Uniform Unit Pricing Verification.” The accurate title is the

Uniform Unit Pricing Regulation. 

NTP – Uniform Regulation for National Type Evaluation

NTP-23.1 Section 4. Prohibited Acts and Exemptions.

OWM Executive Summary for NTP-23.1 Section 4. Prohibited Acts and Exemptions

OWM Recommendation:

• Recommend the submitter contact Mr. Darrell Flocken (NCWM NTEP Administrator) for input on 

any proposed language. 

• Proposal will affect not only electric vehicle fueling devices, so also recommend the submitter seek 

input from industry and regulators addressing other device types. 

• NIST HB 130 already encourages states to amend the regulation to include a provision allowing 

them to conduct an evaluation in instances where formal NTEP Type Evaluation does not apply:

 Such provisions would allow these states to conduct their own evaluation and they will not 

likely exempt devices from type evaluation. 

 Instead, such states would conduct their own type evaluation and/or accept type evaluation 

certificates issued by other organizations.

• Granted there are states that do have these provisions in the laws:

• 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 device category- or model-driven and are intended to serve the best 

interests of business, consumers, and the regulatory authority.

• It is unlikely that states will be willing to adopt a clause that would allow a given “type” to be 

exempt from type evaluation for future installations. 
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FLR – Uniform Fuels and Automotive Lubricants Regulation

FLR-23.3 Section 2.20. Hydrogen Fuel.

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

OWM Recommendation: OWM recommends that this item either be returned to the Submitter or to 

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. 

FLR-23.4 Section 4.3. Dispenser Filters

OWM Executive Summary for FLR-23.4. – Section 4.3. Dispenser Filters

OWM Recommendation: OWM recommends that this item be assigned to either back to the Submitter 

or to FALS for additional development. 

Section 4.3.1. (c) should be reflected in bold and underscore. 

• The proposal would include 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. Is the placement of the proposed new hydrogen gas dispenser filter requirement under the 

“engine fuel dispensers” heading the proper descriptor when most hydrogen cars are powered by 

fuel cells? Recommend a separate new subsection designation and heading for this proposed 

dispenser filter requirement to read: 4.3.3. Delivery of Hydrogen Gas. 

• 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?
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PPV – Examination Procedure for Price Verification

PPV-23.1 Inspection Procedures for Online Orders

OWM Executive Summary for PPV-23.1. – Inspection Procedures of Online Orders

OWM Recommendation: OWM believes this item may have merit and encourages this to be further 

developed by either the submitter or an NCWM TG should be created to see if this Inspection Procedure 

is needed by the states.

• 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, 

additional details are needed as to how the current procedure falls short so that a proper evaluation 

can be made. 

• In addition, 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.

• The title within NCWM Publication 15 states “Exam Procedure” the correct title should be 

“Examination Procedure for Price Verification”.

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.

OWM Executive Summary 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.

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. 

• 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 those 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.
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OWM Executive Summary 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.

• 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. 

NET-22.2 Section 3.1.1 Test Methods and 3.X. Gravimetric Test Procedure for 

Viscous and Non-Viscous Liquids by Portable Digital Density Meter. 

OWM Executive Summary for Section 3.1.1 Test Methods and 3.X. Gravimetric Test Procedure 

for Viscous and Non-Viscous Liquids by Portable Digital Density Meter.

OWM Recommendation: OWM recommends this be Assigned to a Task Group to assist with the 

further development of this proposal. 

• Prior to the 2022 NCWM Annual, OWM submitted comments and revisions to the Item Under 

Consideration published in NCWM Pub. 16 (2022). OWM has actively been working with Mr. 

Hayes in addressing OWM concerns and as a result Mr. Hayes has made a several significant 

updates to the current Item Under Consideration. OWM believes that additional review and 

development on the Item Under Consideration within 2023 NCWM Publication 15, is needed by all 

stakeholders which includes outstanding comments and concerns outlined by OWM.
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OWM Executive Summary for Section 3.1.1 Test Methods and 3.X. Gravimetric Test Procedure 

for Viscous and Non-Viscous Liquids by Portable Digital Density Meter.

• Within each section of the Item Under Consideration OWM has provided a detailed analysis 

providing comments and recommendations from the OWM Lab Metrology Program to the current 

Item Under Consideration. OWM has also engaged an inspector from Los Angeles County, 

California to assist in reviewing and further develop this test procedure.

• 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 in the process obtaining a portable digital density 

meter from two different manufacturers so we can have on hands experience which will enable 

OWM to provide to provide more recommendations to improve the test procedure. 

• It is unusual for a new technical and detailed procedure to have no comments heard from 

membership. We encourage the membership to perform a critical review of the test procedure as it 

will have a significant impact in weights and measures. 

• The use of this equipment has great potential to facilitate package testing for many viscous and nonviscous liquids, as well as other weights and measures inspection areas. OWM will continue to 

assist the L&R Committee and the weights and measures community as it works to support the use 

of this equipment in official inspections.

• 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. Very limited testing has been 

conducted by the submitter.

• Not all portable digital density meters are suitable for use using the proposed test procedure. Criteria 

must be developed to determine if a portable digital density meter is suitable. 

• Another concern 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 

products were submitted which is insufficient to statistically validate results to ensure the test 

procedure will be defensible for use in official inspections. 

• At the 2022 Interim, the Committee removed the Table 2. Density Coefficient Factors (Alpha) due 

to the factors not being validated. The Alpha correction must now be calculated manually using the 

formula provided in the test procedure. OWM believes adding this table back into the test 

procedure, with validated correction factors would benefit officials by eliminating manual 

calculations and simplifying the test procedure. 

• Many questions need to still be answered such as the level of accuracy required based on study, 

calibration methods including certified reference materials, use of correction factors and how they 

affect the measurement, limitations of the devices use, the number and type of samples that should 

be tested in order to validate results as compared to current NIST HB 133 procedures, and proper 

procedures for validating a device. 
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OTH – Other Items

OTH-22.1 A Uniform Regulation for E-commerce Product Identity, Net Quantity, 

Responsible Person, Price, and Unit Price Information

OWM Executive Summary for OTH-22.1 – Uniform Regulation for E-commerce Product Identity, 

Net Quantity, Responsible Person, Price, and Unit Price Information

OWM Recommendation: OWM concurs that this item has merit and should be made Informational to 

allow for greater stakeholder input including NCWM membership. 

• OWM supports the continued work and development of this item through PALS. 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. 

• To align with the other HB130 regulations the “Status of Promulgation” should read “The table 

beginning on page 6 Section II. Uniformity of Laws and Regulations shows the status of adoption 

of the Uniform Regulation for E-commerce Product Identity, Net Quantity, Responsible Person, 

Price, and Unit Price Information.”

• 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.

• Numerous formatting changes were provided in the OWM analysis to align the regulation with 

Handbook 130 formatting. OWM will work with PALS to identify these changes and to recommend 

corrections. 

Item Block 1 (B1) Renewable Diesel and Diesel

B1: MOS-23.1 Sections 2.23. Biodiesel and biodiesel Blends that Contain Greater Than or Equal to 21% 

by Volume Biodiesel. and 2.40. Diesel Fuel.

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. 

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

OWM Recommendation: 

• The title should read Section 2.31 not Section 2.23

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 V 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.

OWM Executive Summary for Block 3. (B3) – Cannabis

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.

OWM recommends this block be designated “Assigned” to the Cannabis TG in order for them to obtain 

additional information and further develop. OWM has outlined a number of areas requiring additional 

work in the OWM Executive Summary and OWM Detailed Technical Analysis (below) and states may 

have additional areas that need to be addressed.

• 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. 

• To 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-22.1. – Section 2. Definitions, 2.XX. Cannabis and Cannabis-Containing Products
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OWM Executive Summary for Block 3. (B3) – Cannabis

• Section 2 Definitions define terms as they are used in the UPLR; these are not intended to define 

commodities in the marketplace. The Committee would not want to set a precedent to defining 

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

• 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”. 

• 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 necessary for this commodity. The Weights and Measures Law, 

Section 16. Method of Sale which 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. With the Water Activity incorporated within the Method of 

Sale the sentence should have the terms “kept, offered, or exposed, sold, bartered, or exchanged, or ownership 

transfers” stricken from the proposal. 

• 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 
NIST OWM Analysis

2023 NCWM Interim L&R Agenda Items

1/3/2023

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OWM Executive Summary for Block 3. (B3) – Cannabis

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. 

• The Committee should consider the development of a NIST HB133 – Chapter 5 test procedure for 

determining moisture allowance if the MOS is adopted with criteria for Water Activity. 

____________________

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. 

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

OWM Executive Summary for Section Item Block 6 (B6) – Transmission Fluid

NOTE: The original submitter of this Item was Missouri Department of Agriculture. The source should 

read the Fuels and Lubricants Subcommittee. OWM supports the continued work of Transmission Fluid 

Focus Group.

OWM Recommendation: OWM recommends this as Assigned Item.