NIST OWM Analysis

2023 NCWM Interim L&R Agenda Items 

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NIST Office of Weights and Measures (OWM) Analysis 

Laws and Regulations (L&R) 

2023 NCWM Interim Meeting Agenda 

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

items before the Conference. 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 

Subject Series List for the 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 A

Table of Contents

Reference Key Title of Item L&R Page

Subject Series List for the Laws and Regulations Committee ...................................................1

Table 1. Glossary of Acronyms and Terms......................................................................................3

Table 2. Reporting Structure...............................................................................................................4

WAM – Uniform Weights and Measures Law...................................................................................5

WAM-23.1 Section 11. Powers and Duties of the Director.................................................................................. 5

OWM Executive Summary for WAM-23.1. Section 11. Powers and Duties of the Director ................................. 5

WML – Uniform Weighmaster Law .....................................................................................................8

WML-23.1 Section 10. Certificate: Required Entries ........................................................................................... 8

OWM Executive Summary for WML-23.1 – Section 10. Certificate: Required Entries....................................... 8

MOS – Uniform Regulation for the Method of Sale of Commodities.......................................12

MOS-23.1 Section 1.12. Ready-to Eat Food, 1.12.2. Methods of Sale. ............................................................ 12

OWM Executive Summary for MOS-23.1 Section 1.12. Ready-to-Eat Food, 1.12.2. Methods of Sale............... 13

MOS-20.5 Section 2.21. Liquefied Petroleum Gas........................................................................................... 18

OWM Executive Summary for MOS-20.5 – Section 2.21. Liquefied Petroleum Gas......................................... 19

MOS-23.4 Retail Sales of Electricity Sold as a Vehicle Fuel............................................................................ 27

OWM Executive Summary for MOS-23.4 – Retail Sales of Electricity Sold as a Vehicle Fuel .......................... 28

UPR – Uniform Unit Pricing Regulation..........................................................................................31

UPR-23.1 Section 2. Terms for Unit Pricing.................................................................................................... 31

OWM Executive Summary for UPR-23.1 – Section 2. Terms for Unit Pricing.................................................... 31

NTP – Uniform Regulation for National Type Evaluation...........................................................34

NTP-23.1 Section 4. Prohibited Acts and Exemptions..................................................................................... 34

OWM Executive Summary for NTP-23.1 Section 4. Prohibited Acts and Exemptions....................................... 36

FLR – Uniform Fuels and Automotive Lubricants Regulation..................................................40

FLR-23.3 Section 2.20. Hydrogen Fuel. ........................................................................................................... 40

OWM Executive Summary for FLR-23.3 Section 2.20. Hydrogen Fuel .............................................................. 41

FLR-23.4 Section 4.3. Dispenser Filters........................................................................................................... 43

OWM Executive Summary for FLR-23.4. – Section 4.3. Dispenser Filters......................................................... 43

PPV – Examination Procedure for Price Verification ..................................................................46

PPV-23.1 Inspection Procedures for Online Orders.......................................................................................... 46

OWM Executive Summary for PPV-23.1. – Inspection Procedures of Online Orders......................................... 46

NET – Handbook 133: Checking the Net Content of Packaged Goods ..................................48

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............................................................................................................................................. 48

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............................................................................................... 49

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............................................................................................................ 58

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...................................................................................... 59

OTH – Other Items ................................................................................................................................99

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

and Unit Price Information.................................................................................................................................... 99
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OWM Executive Summary for OTH-22.1 – Uniform Regulation for E-commerce Product Identity, Net Quantity, 

Responsible Person, Price, and Unit Price Information ...................................................................................... 100

OTH-07.1 D Fuels and Lubricants Subcommittee........................................................................................... 123

OTH-11.1 D Packaging and Labeling Subcommittee...................................................................................... 125

Item Block 1 (B1) Renewable Diesel and Diesel ......................................................................126

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. ........................................................................................................... 126

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. ................. 126

OWM Executive Summary for Item Block 1 (B1)– Renewable Diesel and Diesel ............................................ 126

Item Block 2 (B2) Gasoline ............................................................................................................137

B2: MOS-23.2 Section 2.20 Gasoline and Gasoline-Oxygenate Blends........................................................... 137

B2: FLR-23.2Sections 2.1. Gasoline-Oxygenate Blends, 3.2. and Automotive Gasoline and Automotive GasolineOxygenate Blends (Including Racing Gasoline). ................................................................................................ 137

Item Block (B3) Cannabis.............................................................................................................142

B3: PAL-22.1V Section 2. Definitions 2.XX. Cannabis and Cannabis-Containing Products............................ 142

B3: PAL-22.2V Section 10. Requirements, 10.XX. Cannabis and Cannabis-Containing Products................... 142

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

Cannabis-Containing Products............................................................................................................................ 142

OWM Executive Summary for Block 3. (B3) – Cannabis.................................................................................. 146

Item Block 6 (B6) Transmission Fluid.........................................................................................170

B6: MOS-21.1. A Section 2.36.2. Labeling and Identification of Transmission Fluid....................................... 170

B6: FLR-21.2. A Section 3.14.1. Labeling and Identification of Transmission Fluid....................................... 170

OWM Executive Summary for Section Item Block 6 (B6) – Transmission Fluid .............................................. 170

References: ......................................................................................................................................175

Table 1.

Glossary of Acronyms and Terms

Acronym Term Acronym Term

API American Petroleum Institute NEWMA Northeastern Weights and Measures 

Association

ASTM ASTM International NIST National Institute of Standards and 

Technology

CC Certificate of Conformance NTEP National Type Evaluation Program

CFR Code of Federal Regulations OWM Office of Weights and Measures

CWMA Central Weights and Measures 

Association PALS Packaging and Labeling Subcommittee

EPA Environmental Protection Agency S&T Specifications and Tolerances

EPO Examination Procedure Outline SAE SAE International 

EV Electric Vehicle SWMA Southern Weights and Measures 

Association

EVFE Electric Vehicle Fueling Equipment TG Task Group

EVSE Electric Vehicle Supply Equipment THC Tetrahydrocannabinol
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Acronym Term Acronym Term

FALS Fuels and Lubricants Subcommittee UETA Uniform Electronic Transaction Act

FDA Food and Drug Administration UPLR Uniform Packaging and Labeling 

Regulation

FTC Federal Trade Commission USNWG U.S. National Work Group

ISO International Organization for 

Standardization UWL Uniform Weighmaster Law

MOS Method of Sale WWMA Western Weights and Measures

NCWM National Conference on Weights and 

Measures

Table 2. Reporting Structure

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.

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

recommendations pertaining to the Item Under Consideration.

Table 3. 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.
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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

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.

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. 
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Table 3. Summary of Recommendations

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

V D W A I Notes* Comments 

Submitter 

OWM 

CWMA 

NEWMA 

SWMA 

WWMA 

NCWM

*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 11. Powers and Duties of the Director 

The Director shall:

. . . 

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

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

Fuel Quality, E-Commerce Regulation.

NIST OWM Detailed Technical Analysis:

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 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 

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

Price Information. 
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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. 

Regional Association Reporting:

Western Weights and Measures Association

At the 2022 WWMA, Mr. Floren (Los Angeles County, California), questioned whether this item was 

necessary, but supported it moving forward if needed to support other e-commerce proposals. Mr. Kevin 

Schnepp (CDFA/DMS) 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 2022 CWMA Interim Meeting, PALS Chair Guay commented this item should be subsection “s” 

rather than subsection “r” and notified Mr. Don Onwiler (NCWM) that it should be corrected prior to 

subsequent regional fall meetings. He indicated he believes 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.

Southern Weights and Measures Association 

At the 2022 SWMA Annual Meeting, Mr. 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. 

Ms. Lisa Warfield (NIST OWM) commented an additional item OTH 22.1 is under consideration which 

aligns with the item. Ms. Warfield agreed with Mr. 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 

During the 2022 NEWMA Interim Meeting, Ms. Lisa Warfield (NIST OWM) 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 so they can move together. 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 OTH 22 and be Assigned to PALS.
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WML – Uniform Weighmaster Law

WML-23.1 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.

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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Table 3. Summary of Recommendations

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

V D W A I Notes* Comments 

Submitter 

OWM 

CWMA 

WWMA 

SWMA  1

NEWMA 

NCWM

*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;

(8) other information needed to distinguish or identify the commodity from a like kind;

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

(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.

OWM supports modifying the Uniform Weights and Measures Law to allow for the use of electronic 

signatures.
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Regional Association Reporting: 

Western Weights and Measures Association

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

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

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

nationally. Mr. 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.

Southern Weights and Measures Association

At the 2022 SWMA Annual Meeting, Dr. Matthew 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”. Ms. 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. Mr. 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: 

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, Ms. 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. Mr. 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. Ms. Cheryl Ayer (New Hampshire) expressed concern that enforcement is difficult but supports 

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

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

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

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 that 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 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). I had 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. 
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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.

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.

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

Sale.

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.

Table 3. Summary of Recommendations

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

V D W A I Notes* Comments 

Submitter 

OWM 

CWMA 

WWMA 

SWMA 

NEWMA 

NCWM

Item Under Consideration: 

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

1.12. Ready-to-Eat Food.

... 

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

in single 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) 

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 
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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 

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

II.A.5. What are some examples of foods that general would be considered “restaurant-type 

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 drivethrough; 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).

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
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Members of the Ready-to-Eat Task Group

Public Sector Member Philip Wright Texas SWMA

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

Regional Association Reporting:

Western Weights and Measures Association 

At the 2022 WWMA Annual Meeting, Mr. Floren (Los Angeles County, California) felt this was a 

misguided proposal. He believes that the existing wording of ‘if prepackaged’ already addresses the issue. 

Mr. David Sefcik (NIST OWM), 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, Mr. 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. Mr. 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. Mr. 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.

Southern Weights and Measures Association 

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

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

previously and extensively vetted by the Ready-to-Eat TG. Mr. Hal Prince (Florida) also 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. 
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Mr. 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. 

Mr. Robert Huff (Delaware), who submitted the item, 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 

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, Ms. Warfield commented that there were typos in the title and the 

slash should be a dot as such: Section 1.12. Ready-to-Eat Food, 1/.12.2. Methods of Sale. 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. Ms. 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. Mr. Jimmy Cassidy 

(Massachusetts); Mr. Steve Timar (New York); and Mr. John McGuire (New Jersey) all supported the item 

be withdrawn. Chair Sakin agreed. The Committee recommended the item be withdrawn from the agenda.

MOS-20.5 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.
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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 

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. 

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).

Table 3. Summary of Recommendations

MOS-20.5. – Section 2.21. Liquefied Petroleum Gas

V D W A I Notes* Comments 

Submitter 

OWM 

CWMA 

WWMA 

SWMA  1

NEWMA 

NCWM

*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:

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, 

(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 
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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.

Summary of Discussions and Actions:

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

with language in NIST Handbook 44. Mrs. Tina Butcher (NIST OWM) responded the current language in 

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. Mr. Constantine Cotsoradis (Flint Hill Resources) questioned if 

this proposal would have any benefit for consumers. Representing the submitter, Mr. 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, Ms. 

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. 

On 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 [NOTE 7, page 132] 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 [NOTE 7, page 132] 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. 
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(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) 

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

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

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. 

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

regarding LPG sales. Mr. Simmons and many other regulators expressed support for this Item. It was 
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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, Mr. Swiecicki (NPGA) expressed concern with the language for 

temperature compensation and how the mechanical devices have a lag in correcting the temperature. Mr. 

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

Mr. 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. Mr. Allen (Arizona) was supportive of the changes from Mr. 

Schnepp. Mr. Willis (New York) rose to oppose this item and believes this item is detrimental to the 

propone industry. Mr. Willis remarked that they are done by weight and the temperature compensation is 

an issue with the smaller tanks. Mr. 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 Mr. 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, NCWM 2022 Annual Meeting: Mr. 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.

Regional Association Reporting: 

Western Weights and Measures Association

At the 2021 WWMA Annual Meeting, Mr. 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 
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deliveries. Mr. Swiecicki also commented on the financial burden that would be placed on industry to 

convert to automatic temperature compensation. Mr. 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.”

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

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

needs to be fixed, apply the standards we already have in a consistent manner. Mr. 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, Mr. 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. Mr. 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, Ms. 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, Mr. 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). Mr. 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. Mr. Doug Rathbun (Illinois) concurs with Mr. Hankins. After 

discussion, the Committee agreed with Mr. 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, 

(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 
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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) 

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. Mr. 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, Ms. 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. 

Mr. Ken Ramsburg (Maryland) had 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. 

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, Mr. Jim Willis (New York) commented that he spoke to the 

submitter regarding the equivalency comparison to the gallon. Mr. Willis does not support this change. 

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

volume. Mr. McGuire believes the item is ready for Voting status and believes that all metered sales by 

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

item is unnecessary, and the meters being used to determine volume are mechanical in nature and not precise 
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enough for grill containers. Mrs. 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, Mr. 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, Ms. 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). Mr. John McGuire (New Jersey) supports this item and believes the item is fully developed and 

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

(Massachusetts). Mr. 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.

MOS-23.4 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 
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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 kilowatthour. 

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 

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 kilowatt-hour 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.

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

(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.

Table 3. Summary of Recommendations

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

V D W A I Notes* Comments 

Submitter -OWM 

CWMA 

WWMA 

SWMA 

NEWMA 

NCWM

*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) 
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... 

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 kilowatthour (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. 

(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. 

Regional Association Reporting: 

Western Weights and Measures Association

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

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

Kevin Schnepp (CDFA/DMS) 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, Mr. Craig VanBuren (Michigan) indicated support for this item. He 

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

Southern Weights and Measures Association 

At the 2022 SWMA Annual Meeting, Ms. 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 megajoule references. No other comments were received. The Committees believed that this item is 

fully developed and recommends it as a Voting Item. 
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Northeastern Weights and Measures Association 

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

Ms. 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. Mr. John McGuire (New Jersey) supports the item 

moving forward as a Voting Item, as does Mr. Jimmy Cassidy (Massachusetts), and Mr. Jim Willis (New 

York). The Committee recommends this item move forward with Voting status.

UPR – Uniform Unit Pricing Regulation

UPR-23.1 Section 2. Terms for Unit Pricing.

Source: Vermont Division of Food Safety & 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.

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

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, 

“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. 

Table 3. Summary of Recommendations

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

V D W A I Note* Comments 

Submitter 

OWM 

CWMA 

WWMA  1

SWMA  1

NEWMA 

NCWM

*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 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.
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(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 unitsif the net quantity of contents of the commodity isin 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 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 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. 

Regional Association Reporting: 

Western Weights and Measures Association

At the 2022 WWMA Annual Meeting, Mrs. Catherine de Contreras (CDFA/DMS), Mr. Kurt Floren (Los 

Angeles County, California), and Mr. David Sefcik (NIST OWM), supported this item moving forward. 

Mr. 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 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.
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Central Weights and Measures Association 

At the 2022 CWMA Interim Meeting, Mr. 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.

Southern Weights and Measures Association 

At the 2022 SWMA Annual Meeting, Ms. 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 net 

quantity of contents of the commodity is in terms of length.

Northeastern Weights and Measures Association 

At the 2022 NEWMA Interim Meeting, Mr. Mark Paquette (Vermont and submitter) stated that the terms 

of length should be added to this model language for consistency in the marketplace. Ms. 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.” Ms. 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”. Ms. 

Warfield noted that there is an editorial error in the title – it should read Uniform Unit Pricing Regulation. 

Mr. Jason Flint (New Jersey) commented that they support this item with Ms. Warfield’s amendment and 

supports it as a Voting Item. Mr. Paquette has no objection to the amended language. Mr. Jimmy Cassidy, 

(Massachusetts), Ms. Cheryl Ayer (New Hampshire), and Mr. Walt Remmert (Pennsylvania), all support it 

as a Voting Item, as amended. The Committee recommends Voting status for this item as amended by Ms. 

Warfield.

NTP – Uniform Regulation for National Type Evaluation

NTP-23.1 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 
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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 

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.
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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 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, becausedirectors 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.

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

• 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. 

Table 3. Summary of Recommendations

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

V D W A I Notes* Comments 

Submitter 

OWM 5

CWMA 

WWMA 

SWMA 

NEWMA 

NCWM

*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 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,
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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 Mr. 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 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 modeldriven 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.

Regional Association Reporting:

Western Weights and Measures Association

At the 2022 WWMA Annual Meeting, Mr. 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. Mr. 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. Mr. Kurt Floren (Los Angeles County, California) suggested withdrawal of this item. There 
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was support from representatives Mr. Chris King (Siemens) and Ms. Scheleese Goudy (Electrify America). 

Ms. Goudy explained that states such as Florida have recently developed regulations in order to allow the 

director to accept devices. The Western 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, Ms. 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. Mr. 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. Mr. 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. Mr. Michael Kelty (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. Mr. 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. Mr. Musick expressed 

concern that while this is being discussed for electric vehicle charging stations it would apply to all devices. 

Mr. Loren Minnich (Kansas) suggested using OIML or Measurement Canada as an alternative certifying 

body to NTEP. Mr. 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, Ms. 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.

Mr. 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.

Mr. 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.

Mr. 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?

Mr. Hal Prince (Florida) mentioned that this language is similar to language already adopted in 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. 
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Mr. 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”. Mr. Steve Benjamin (North Carolina) commented that the Director cannot be notified if devices 

are already in place. Mr. Michael Keilty – Endress + Hauser 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, Mr. Keith Bradley (Electrify America) 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. Mr. 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. Ms. 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. Mr. 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. Mr. John McGuire (New Jersey) concurs 

with Mr. Keilty and believes the item should be withdrawn. Mr. Walt Remmert (Pennsylvania) commented 

that he also believes the item should be withdrawn, as does Mr. Jimmy Cassidy (Massachusetts). The 

Committee recommends the item be withdrawn. 

FLR – Uniform Fuels and Automotive Lubricants Regulation

FLR-23.3 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 fuel quality

– Product specification”. The latest revision of ISO 14687occurred 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.
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The submitter requested that this be a Voting Item.

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. 

Table 3. Summary of Recommendations

FLR-23.3. – Section 2.20. Hydrogen Fuel

V D W A I Note* Comments 

Submitter 

OWM 

CWMA 

WWMA  1

SWMA 

NEWMA 5

NCWM

*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 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)
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NIST OWM Detailed Technical Analysis: 

The weights and measures community recognizes for 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. 

Regional Association Reporting: 

Western Weights and Measures Association

At the 2022 WWMA Mr. 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, Mr. 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. 

Southern Weights and Measures Association 

At the 2022 SWMA Annual Meeting, Dr. Matt Curran (Florida) commented that only one reference should 

be listed if equivalent. Listing both could cause confusion. 

Ms. 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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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.

FLR-23.4 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.

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

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?

Table 3. Summary of Recommendations

FLR-23.4. – Section 4.3. Dispenser Filters

V D W A I Note* Comments 

Submitter  Requested a retroactive requirement.

OWM 

CWMA 

WWMA  1

SWMA 

NEWMA 5

NCWM

*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.

(b) All biodiesel, biodiesel blends, diesel, and kerosene dispensers shall have a 30 micron or 

smaller nominal pore-sized filter.

(c) All gaseous hydrogen dispensers shall have a 5 micron or smaller nominal pore-sized

filter, and a filter to protect the vehiclefrom liquid contamination.

(Amended 2014 and 20XX) 
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NIST OWM Detailed Technical Analysis: 

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 4.3.3. Delivery 

of Hydrogen Gas. 

Has the submitter considered is input on the proposal from hydrogen dispenser manufacturers, hydrogen 

car manufacturers, and the owner/operators of dispensers produced and installed prior to 2022? 

Regional Association Reporting: 

Western Weights and Measures Association

At the 2022 WWMA Annual Meeting, Mr. 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, Mr. Doug Rathbun (Illinois) supported this item and believes it is 

ready for Voting status. He further believes it could be blocked with FLR 23.3. Mr. Ivan Hankins (Iowa) 

commented that he does not know if the micron size is appropriate. Mr. Hankins further commented the 

Purpose section of this item should read: “Add a filter requirement for commercial hydrogen.” Mr. 

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 FLR-23.3. The 

Committee concurs this item is fully developed and is ready for Voting status with Mr. Hankins’ 

recommended change to the Purpose statement. 

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.
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PPV – Examination Procedure for Price Verification

PPV-23.1 Inspection Procedures for Online Orders

Source: Kansas Department of Agriculture

Submitter’s Purpose and Justification:

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. 

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”. 

Table 3. Summary of Recommendations

PPV-23.1. – Inspection Procedures of Online Orders

V D W A I Note* Comments 

Submitter 

OWM  

CWMA 

WWMA 

SWMA 

NEWMA 

NCWM
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Table 3. Summary of Recommendations

PPV-23.1. – Inspection Procedures of Online Orders

V D W A I Note* Comments 

*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 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. 

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. 

Regional Association Reporting: 

Western Weights and Measures Association

At the 2022 WWMA Annual Meeting, Mr. 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 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, Mr. 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. 
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Northeastern Weights and Measures Association 

At the 2022 NEWMA Interim Meeting, Mr. 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. Mr. Walt 

Remmert (Pennsylvania) concurs and believes that Kansas should be invited to lead the group. Mr. 

McGuire further commented that PALS is addressing e-commerce but not price verification. Mr. Jim 

Cassidy (Massachusetts) believes the proposal should go back to the submitter for further development. 

Mr. Jim Willis (New York) asked if Informational status would be more appropriate. Ms. 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 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 Cannabis- containing 

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 Cannabisflower packaging have been found 

to be underweight, resulting in the patient/consumer paying for weight that they are not receiving. For 
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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.

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.

• 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: 
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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.

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. 

Table 3. 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.

V D W A I Note* Comments 

Submitter 

OWM 

CWMA 

WWMA 

SWMA 

NEWMA 

NCWM

*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:

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.

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, 
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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).

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 freeflowing 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 sandwichstyle 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.
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Table 2-3.

Moisture Allowances

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 free-flowing 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 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. 
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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 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 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 
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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. 

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. 
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• 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). 

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. Mr. Sefcik shared the Executive Summary comments.

The Committee considered the written NIST, OWM Analysis published on the NCWM website prior to the 

NCWM 2022 Annual Meeting.

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. Mr. Kurt Floren 

(Los Angeles County, California) addressed the comments and concerns on quality issues as a general 
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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. 

Mr. Floren stated that States are in different stages of regulation, and there is going to be a need for uniform 

standards. Mr. Joe Moreo (Trinity County, California) provided testimony that different species including 

Cannabis indica and Cannabis ruderalis should also be provided in the definition. Ms. 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 

At the 2021 CWMA Interim Meeting, there was no discussion related to this item. Mr. 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, Ms. 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, Mr. Craig VanBuren (Michigan) and member of the NCWM 

Cannabis Task Group 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. Mr. Charlie Rutherford (ASTM and NCWM Cannabis TG)

commented he appreciates the nearly unanimous support for this item from the CWMA. Mr. Doug Musick 

and Mr. Loren Minnich (Kansas) supported the item and believed it is ready for Voting status. Mr. 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.

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, Mr. Rutherford provided a quick update. 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. 
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Northeastern Weights and Measures Association 

At the 2021 NEWMA Interim Meeting, Mr. 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. Mr. Sikula concurs with Mr. 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. Mr. 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. Ms. 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, Mr. 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. 

Mr. 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. Mr. Cassidy questioned NIST’s 

role in publishing these items. Mrs. 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, Mr. Rutherford reported that Mr. Craig VanBuren (Michigan) 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.

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.

Source: Mr. 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.
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• Only small sample size (2 ml) of the product is needed for testing.

• No need for partial immersion thermometer or volumetric flasks.

• The current method in “Section 3.4 Volumetric Test Procedures for Viscous Fluids – Headspace” 

does not work for plastic oblong 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.

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.

• 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 
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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.

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. 

Table 3. Summary of Recommendations

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.

V D W A I Note* Comments 

Submitter 

OWM  

CWMA 

WWMA 

SWMA 

NEWMA 

NCWM

*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 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. 

• 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.
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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.

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)
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 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 3.4. 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

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)
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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. 

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 
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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.

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 
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(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 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

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. 

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. 
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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 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. 
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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)

Temperat

ure Range

Typical 

Density at 

ref temp, 

g/cm3

Source of 

derived 

information

Reference 

Temperatu

re, °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
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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)

Temperat

ure Range

Typical 

Density at 

ref temp, 

g/cm3

Source of 

derived 

information

Reference 

Temperatu

re, °C

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
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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)

Temperat

ure Range

Typical 

Density at 

ref temp, 

g/cm3

Source of 

derived 

information

Reference 

Temperatu

re, °C

Aniline 20

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 

Iso-propanol 

(70%) 20 

Iso-propanol 

(91%) 20 

Iso-propanol 

Anhydrous 

(100%)

0.00083 0.00107 5 -30 °C 0.7850 20 

Methyl 

Ethyl Ethyl 

Ketone

 20 

Olive oil 20

Sulfuric 

acid, 20 
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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)

Temperat

ure Range

Typical 

Density at 

ref temp, 

g/cm3

Source of 

derived 

information

Reference 

Temperatu

re, °C

concentrate

d

Turpentine 20

Water 0.00021 0.00021 0.9982 

NIST.IR.69

69-2018 

Table 9.10

20 

Dairy Products (use α1 (AntonPaar) or α2 (Mettler Toledo) for specific instrument

Dairy 

Products

alpha(α1)/°

C |(p1-

p2)/(T1-

T2)|

alpha(α2)/°C 

(d2/d1-

1)/(T1-T2)

Temperat

ure Range

Typical 

Density at 

4°C 

Source of 

derived 

information

Reference 

Temperatu

re, °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:

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
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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)

Temperat

ure Range

Typical 

Density at 

ref temp, 

g/cm3

Source of 

derived 

information

Reference 

Temperatu

re, °C

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

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
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Table X.4.

Apparent Mass Factor

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, nnonane, cyclohexaneEthanol

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.

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. 
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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, Mr. 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.

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.
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• 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 – $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.

 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.
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 Clear guidance needs to be provided regarding the limitations of these devices, particularly 

with regard to 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 

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. 
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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 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 
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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). 

o 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. 

• 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. 
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• 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 (non-technical) review and 

provide feedback on the procedure’s usability. 

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:
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• 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 (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 
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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.

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) 
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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 3.4. 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

Viscosity 0 – 1000 mPa·s

Accuracyb

 Density 0.001 g/cm3

 Temperature 0.2 °C (0.4 °F)

Repeatability s.d.
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 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

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. 

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 is capable of operating between 0 °C – 40 °C. 

This language though, reflects good lab practice, not a reflection of the instrument’s capability. 

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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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. 

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) 

Alpha corrections factors vary by manufacture. This should be noted and addressed. 

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.
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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.

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.

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 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. 
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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,

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 
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(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

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. 

20. 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.” 
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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.

11. 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.

12. Drain the instrument and repeat testing for the second (or subsequent) package of the 

sample, repeating Steps 6–12. 

13. 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. 

14. Determine the Average Used Dry Tare Weight of the sample according to provisions of 

Section 2.3.5. “Procedures for Determining Tare.” 

15. 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)

16. Weigh the remaining packages in the sample.

17. 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.

18. 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 
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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. 

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 
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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) 

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]

Automatic 

Transmission 

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
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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) 

Temperature 

Range

Typical Density 

at ref temp, 

g/cm3

Source of 

derived 

information 

Reference 

Temperature, 

°C 

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

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

Iso-propanol 

(70%) 20

Iso-propanol 

(91%) 20

Iso-propanol 

Anhydrous 

(100%)

0.00083 0.00107 5 -30 °C 0.7850 20

Methyl Ethyl 

Ethyl Ketone 20

Olive oil 20
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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) 

Temperature 

Range

Typical Density 

at ref temp, 

g/cm3

Source of 

derived 

information 

Reference 

Temperature, 

°C 

Sulfuric acid, 

concentrated 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

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

Homogenized 

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

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. 
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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’re about the same. They won’t be exactly the same 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.

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.
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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). 

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, nnonane, cyclohexaneEthanol

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. 
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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 

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. 
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Mr. Hayes stated he support this item moving forward as an audit procedure. Mr. 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.

• 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.

Regional Association Reporting:

Western Weights and Measures Association

At the 2021 WWMA Annual Meeting, Mr. Hayes provided testimony for support of this Item, it is 

resubmitted from a past Item with updated language. Mr. 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. Mr. Ivan Hankins (Iowa) asked for clarification on how this will replace the way tests are 

currently conducted. Mr. Hayes responded saying this method will reduce tests times which would be 

better for field personnel. Mr. Hayes expanded that he has tested this in dairies, with the new method taking 

minutes and the old method taking hours. Mr. 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. Mr. Hayes

responded that the data is being compiled into a report and provided information on the procedures on how 

to validate the calibration. Mr. Hayes clarified on how to calibrate the equipment. Ms. Lisa Warfield (NIST 

OWM) supports the development of this test procedure and applauds Mr. Ronald Hayes for working on 

this. OWM submitted an analysis and agrees these devices may be used in audit testing. Ms. Warfield 

made statements that highlighted items provided in the OWM analysis supporting documentation. Mr. 

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. Ms. Lisa Warfield stated that the word 

approximate must be removed from all tables. Mr. Hayes replied that he believed that this had been 

accomplished but it is still documented in Table X.2. Approximate Viscosities of Common Materials. Mr. 

Hayes also replied that he is looking for collaboration and continued support from NIST in this matter. 
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The Committee recommends that this Item be Assigned. The Committee recommends that L&R National 

Chair create a Task Group headed by Mr. 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, Mr. 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 of 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. Mr. 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. Mr. Ed Williams (Ventura County, California) and Mr. 

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 Mr. 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, Mr. 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. Ms. Lisa Warfield (NIST OWM) commented that the NIST analysis captures areas 

for improvement and supports the development of this item as an audit procedure. Mr. 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, Mr. Ron Hayes the item’s submitter asked Mr. Upschulte to read an 

update during Open Hearings. Mr. Hayes believes this proposal is fully developed and has been working 

with NIST to address their suggestions and concerns. Ms. 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, Ms. 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. 

Mr. 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. Mr. Ivan Hankins (Iowa) commented that he agrees with Mr. Stutesman and 

believes the Voting status should remain on this item.

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 
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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, Mr. Hayes commented he has been working with NIST’s Mr. 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. Mr. Hankins supports this item moving forward 

with Voting status. Mr. Doug Rathbun (Illinois) commented he is concerned this item is fully developed if 

there is additional data that needs to be collected. Mr. 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. Mr. 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. Mr. 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. Mr. 

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, Ms. 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. Mr. 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, Mr. 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. Mr. 

David Sefcik (NIST OWM) commented that NIST supports continued development of this item and to 

work with Mr. Hayes to resolve any remaining questions. Mr. Sefcik further commented that 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 
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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. Ms. 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, Mr. 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, Ms. Warfield commented that NIST OWM has submitted online 

comments and is working closely with the submitter, Mr. 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. Mr. Hayes commented that he has been working with Mr. Sefcik and has attempted to 

address every concern NIST has submitted to him. Mr. 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. Ms. Warfield acknowledged that NIST had received Mr. Hayes’ latest version for review. 

Mr. John McGuire (New Jersey) commended Mr. Hayes for his work as well as NIST for purchasing new 

density meters to advance this item in the NIST lab. Mr. McGuire recommends the item be given Assigned 

status to get additional data and work that needs to be completed. Mr. Walt Remmert (Pennsylvania) and 

Mr. 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.

OTH – Other Items

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

Responsible Person, Price, and Unit Price Information

Source: NCWM Packaging and Labeling Subcommittee (PALS)
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Submitter’s Purpose and Justification:

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. 

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. 

Table 3. Summary of Recommendations

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

Person, Price, and Unit Price Information

V D W A I Note* Comments 

Submitter 

OWM 

CWMA 

WWMA 

SWMA 
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Table 3. Summary of Recommendations

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

Person, Price, and Unit Price Information

V D W A I Note* Comments 

NEWMA 

NCWM

*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: 

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

and Unit Price Information 

1. Background

The Uniform Regulation for E-commerce Product Identity, Net Quantity, Responsible Person and 

Price Information was adopted during the 1XXth Annual Meeting of the National Conference on 

Weights and Measures (NCWM) in 202X. 

The National Conference has 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 

Uniform Regulation for E-commerce Product Identity, Net Quantity, Responsible Person and Price 

Information

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 e-commerce 

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 
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product identity, net quantity, responsible parties and price information and is not intended to apply 

to other product labeling or quality requirements.

Table of Contents

Section 1. Application 

Section 2. Definitions

2.1. Product

2.2. Consumer Product

2.3. Non-Consumer Product

2.4. Online Marketplace 

2.5. E-commerce 

2.6. E-commerce Product 

2.7. E-commerce Site 

2.8. Customer

2.9. Person 

2.10. Package 

2.11. E-commerce Package

2.12. E-commerce Standard Package 

2.13. E-commerce Random Package 

2.14. Sale from Bulk 

2.15. E-commerce Bulk Product 

2.16. E-commerce Non-Consumer Product 

2.17 E-Commerce Package Label 

2.18. E-commerce Receipt

2.19. SI or SI Units

2.20. U.S. Customary Units 

Section 3 Required Declarations for E-commerce Sites Offering Products for Sale

3.1. E-commerce Site Requirements for Standard Packages
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3.2. E-commerce Site Requirements for Random Packages

3.3. Bulk Product E-commerce Site Requirements

3.4. Non-Consumer Product E-commerce Site Requirements Customer

Section 4. Required Information for E-commerce Products Upon Delivery.

4.1. Standard Package E-commerce Delivery Requirements. 

4.2. Random Package E-commerce Delivery Requirements. 

4.3. Bulk Product E-commerce Delivery Requirements 

4.4. Non-consumer Product E-commerce Delivery Requirements. 

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 

5.2. Required Unit Price Information

Section 6. Declaration of Quantity– E-commerce Products

6.1. E-commerce Site Requirements 

6.2. E-commerce Package Requirements 

6.3. E-commerce Bulk or Unpackaged Product Requirements 

6.4. Measurement Systems 

6.5. Largest Whole Common Unit.

6.6. Terms: Weight, Liquid Measure, Dry Measure, or Count

6.7. SI Units: Mass and Measure. 

6.8. U.S. Customary Units: Weight and Measure 

Section 7. Declaration of Identity: E-commerce Products

7.1. E-commerce Site Requirements

7.2. Expression of the Product Identity 

7.3. E-Commerce Package Requirements 

Section 8. Declaration of Responsible Person: E-commerce Products

8.1. Requirements for E-commerce Packages

8.2. Requirements for E-commerce Bulk Products and Select Random Packages 

8.3. E-commerce Site Requirements
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Section 9. Product Photograph or Accurate Product Depiction/Representation: E-commerce Site 

Requirements

9.1. E-commerce Packages 

9.2. E-commerce Random Packages. 

9.3. E-commerce Bulk Products and Select Random Packages. 

9.4. E-commerce Non-Consumer Packages. 

9.5. Pictures on Receipts 

Section 10. Prominence and Placement of Required Information on E-commerce Sites: Offering Ecommerce Products for Sale

10.1. General Requirements

10.2. Combined Declarations of Required Information

Section 11. Prominence and Placement: Delivered E-commerce Packages, Products and Receipts 

11.1. General Requirements 

11.2. Packages Intended for Sale in Retail Locations 

11.3. Orientation of Required Declarations 

Section 12. Effective Date 

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. E-commerce 

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. US Customary units include units for weight, liquid measure, linear 

measure, area measure, volume measure and dry measure. The NIST Handbook 130 Uniform 

Packaging and Labeling Regulation details use of U.S. Customary units for consumer packages. 

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 website,
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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 the 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 e-commerce 

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 for more detailed 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 for more 

detailed 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 for more 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 for more 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 e-commerce 

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 provided 

separately from and in addition to any picture or image of the product. See Section 7 for 

more detailed information.
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(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 for more detailed 

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 for more detailed 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 for more 

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 for more 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 for more 

detailed 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 for more detailed 

information.

(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 for more detailed 

information. 

(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 
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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 for more 

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 E-commerce 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. 

(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:
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(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. 

(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. 
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(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 E-commerce 

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 

(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 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.

(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-foot, or inch if net 

quantity of contents of the product is in terms of length.
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(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 and Section 2.10 in the Uniform Packaging and Labeling Regulation [Section 

XX NOTE] shall be exempt from these provisions.

Section XX NOTE: See “Uniform Packaging and Labeling Regulation

(d) E-commerce sites shall determine the most effective units for ensuring value comparison of 

similar products with varying product sizes. 

(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 6. Declaration of Quantity– E-commerce Products

6.1. E-commerce Site Requirements – Any e-commerce package offered for sale on an e-commerce 

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 metric (SI) and US 

Customary units of measure and/or in count consistent with the requirements for packages intended 

for retail sale prescribed in the Uniform Packaging and Labeling Regulation (See the current version 

of NIST Handbook 130 IV.A. Section 6 and Section 7 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. 
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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 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 provisions of the Uniform Packaging and Labeling 

Regulation (UPLR) (See current version of NIST Handbook 130 IV.A. Sections 6.5 through 6.6.2.), 

the applicable Uniform Regulation for the Method of Sale of Commodities (See current version of 

NIST Handbook 130 IV.B. as applicable) or the applicable regulation(s) of another 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 
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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. 

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 (See 

current version of NIST Handbook 130 IV.A. Sections 6.7. through 6.8.2.), the applicable Method of 

Sale Regulation (See current version of NIST Handbook 130 IV.B. as applicable). or the applicable 

regulation(s) of another 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 
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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 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;

(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 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 1) on the label of the e-
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commerce package or 2) on documentation within the e-commerce package if there is no label, 

marking of the name and address of the product manufacturer, packer, or distributor. 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 his 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:

(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 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: E-commerce 

Site Requirements 

9.1. E-commerce Standard Packages. Any e-commerce package offered for sale on an e-commerce 

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. 
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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 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 
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(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 e-commerce 

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:

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.
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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 18 months after adoption.

NIST OWM Detailed Technical Analysis: 

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)

• 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 assiststakeholders 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. 
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• 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. 

Summary of Discussions and Actions:

The Committee gave an Assigned status to this item at the 2022 NCWM Interim Meeting and believes that 

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 new language provided by PALS on January 9, 2022. 

The new language also includes a new section, “Section 11. Powers and Duties of the Director.” A 

modification to the Weights and Measures Law, Section 11. Powers and Duties was added to the original 

proposal, but 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. 

• Consider comments submitted in January 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. 
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• 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, Chairman 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. 

Regional Association Reporting: 

Western Weights and Measures Association

At the 2021 WWMA Annual Meeting, PALS Chair Guay gave a presentation on this item and 

recommended this be Developing. Mr. Kurt Floren (Los Angeles County, California) pointed out several 

editorial changes, and suggested that this be a Voting Item. Mr. Kevin Schnepp (CDFA-DMS) also 

suggested editorial changes. Ms. 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.”. 

Ms. 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 

Ms. 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 ecommerce 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.

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. Ms. 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. Mr. 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. 

Mr. Guay believes the item has been fully developed and pending any substantive changes from the regions 

it is ready for Voting status. Mr. Craig VanBuren (Michigan) commented he supports the item moving 

forward as a Voting Item and supports its content. Mr. 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. 

Mr. Ivan Hankins (Iowa), Mr. VanBuren, and Mr. 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.

Southern Weights and Measures Association 

At the 2021 SWMA Annual Meeting, PALS Chair Guay gave a presentation of the work done by the group. 

Dr. 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. 
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At the 2022 SWMA Annual Meeting, no comments were heard, submitter was not available. The 

Committee recommends this item remain Assigned.

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. Mr. Guay commented that PALS has fully developed the Item and 

welcomes comments from the regions. Mr. 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. Mr. David Sefcik (NIST OWM) reviewed the NIST analysis comments and stated 

that a copy has been provided to PALS for review. Mrs. Cheryl Ayer (New Hampshire) expressed her 

appreciation to PALS and supports the item moving forward. Mr. John McGuire (New Jersey) expressed 

his appreciation to Mr. 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, Mr. 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 

documents. He has yet to review the material to determine what changes, if any, were made. Mr. Sefcik 

stated that NIST OWM supports the work being done by PALS. Mr. 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. The Committee recommends the item 

remain Assigned.

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:

Ms. Vanessa Benchea

Florida Nevada Department of Agriculture and Consumer Services / Division of Consumer Services

(813) 868-8263, Vanessa.Benchea@fdacs.gov

Provide an update of the activities of this Subcommittee which works on direction from and reports to the 

L&R Committee. The mission of FALS is to assist the L&R Committee in the development of agenda 

items that affect Handbook 130, Uniform Fuels and Automotive Lubricants Inspection Law and Uniform 

Fuels and Automotive Lubricants Regulation. The Subcommittee consists of regulators and associate 

members who have subject matter expertise in fuels and lubricants. The Subcommittee will be called upon 

to aid in the development, provide guidance, and help establish NCWM position on items concerning fuels 

and lubricants.
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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 9, 2022, at the 2022 NCWM Interim Meeting in a hybrid fashion, with 

attendees both in-person and via zoom at the 2022 NCWM Interim Meeting in Tampa, Florida, to review 

items related to fuel and automotive fluid standards that appear on the L&R agenda. FALS discussed the 

Item Block 6 that has been assigned to the FALS, with a report and comments from members of the Focus 

Group working on the block. There was also discussion of one item block that had been submitted by 

FALS following the Annual Meeting in July, and of two items of interest to the Subcommittee. Finally, 

two issues were raised as New Business. Those issues and the existing Focus Group will be discussed 

below.

FALS met on Sunday, July 10, 2022, at the 2022 NCWM Annual Meeting to review items related to fuel 

and automotive fluid standards that appear on the L&R Agenda. FALS discussed Item Block 6

Transmission Fluid, which has been assigned to the Focus Group (FG), with a brief update and comments 

from members of the FG. This is discussed in more detail below. There were also brief discussions of Item 

Block 4 EPA CFR Reference Updates, which had been submitted by FALS, as well as MOS-22.5 Section 

2.31.2.1. Labeling of Grade Required and 2.31.2.2. EPA Requirements Also Apply, an item concerning 

biodiesel labeling that is of interest to the Subcommittee. Finally, two issues initially discussed during the 

FALS meeting at the 2022 Interim Meeting were 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): The Focus Group was originally formed because while the model regulation in 

NIST Handbook 130 is sufficient, there is no licensing system for transmission fluid as there is with engine 

oils. Chair Striejewske read an update from FG Chair Johnson (Automotive Oil Change Association), as 

she was not able to attend the Annual Meeting. In summary, the FG 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. This 

summary was supported by FG members who were in attendance at the FALS meeting. 

NIST Recommendation for Citing Federal Regulations: During the New Business portion of the FALS 

agenda, Ms. Warfield (NIST OWM) brought up a recommendation from the NIST OWM L&R Analysis, 

a supporting document for the Fall, 2021 regional meetings and was included on the NCWM Publication 

15 web page under “Additional Letters, Presentations, and Data” for the L&R Committee. Ms. Warfield 

suggested formalizing citations from federal language to include the full title with the CFR number to 

increase clarity for the reader. There was some discussion during the FALS meeting, but as many were not 

familiar with the document or the recommendation, this will be discussed further later.

Request for Assistance Crafting a Form 15: Mr. Allan Morrison (California) mentioned that ASTM has 

completed an updated specification on CNG and LPG (ASTM D8080 Standard Specification for 

Compressed Natural Gas (CNG) and Liquefied Natural Gas (LNG) (Used as a Motor Vehicle Fuel) and 

was hoping for assistance in getting these updates into NIST HB 130. There was some discussion and 

offers to assist Mr. Morrison prepare one or more Form 15’s for the next cycle.
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The Committee heard comments from Mr. Corr on Items MOS-22.1 and FLR-22.1 and recommends FALS 

review and address these concerns within NIST HB130. These comments have been provided to the Chair 

of FALS for consideration. 

Additionally, the Committee recommends that FALS review all EPA and FTC title citations throughout 

NIST HB 130. 

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, Mr. Mike Harrington (Iowa and FALS member) commented there 

hasn’t been any activity since the Annual Meeting. The new FALS chairperson is Mrs. Vanessa Benchea 

(Florida).

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. 

This item is to provide a report on the activities of the PALS which reports and provides recommendations 

to the Laws and Regulations Committee.

Summary of Discussions and Actions:

At the 2020 NCWM Interim Meeting, PALS Chair Guay reported that PALS is continuing to draft a 

proposed regulation and accompanying “Best Practice” document regarding products sold via e-commerce. 

The focus of this document is to help provide more clarity on the information necessary for consumers to 

make informed product choices on-line and for consumers to confirm receipt of the products ordered. PALS 

currently believes certain information is better included in a regulation while other information is better 

provided as guidance or Best Practice document. PALS will work on development of this proposed 

regulation and proposed guidance in the spring of 2020 with a target to have a draft proposal prepared by 

the 2020 NCWM Annual meeting. Separately, PALS believes the text of “Recommended Best Practice” 

for quantity expressions is complete. PALS is developing an illustrative appendix with graphics support 

being provided by the NCWM office. PALS is planning to have the “Recommended Best Practice” 

Document for quantity related expressions appearing on a principal display panel and the proper declaration 

of net quantity completed by the summer of 2021. The document has been completed and the work 

continues as an illustrative appendix.
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PALS reviewed the framework for a proposed NIST Handbook 130 regulation regarding products sold 

through e-commerce. This regulation would focus on ensuring buyers have sufficient information to make 

an accurate product selection and value comparison at the time of purchase, while also ensuing the buyer 

can confirm the product purchased is the product they receive. PALS plans to make this proposal its priority 

for 2021. 

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 it must be submitted on a NCWM Form 15 to be considered. 

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 FPLA. PALS is providing comments to federal agencies when 

and where appropriate. 

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. 

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.

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
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Table 3. Summary of Recommendations

Item Block 1 (B1)– Renewable Diesel and Diesel

V D W A I Note* Comments 

Submitter 

OWM

CWMA 

WWMA 

SWMA 

NEWMA 

NCWM

*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. 

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 
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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 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 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).” 
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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)

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., 

Item Under Consideration:

Amend the Uniform Fuels and Automotive Lubricants Regulation as follows: 

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) 
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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) 

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 
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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) 

(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 
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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)

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)
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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. 

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 
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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) 

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)

Regional Association Reporting:

Western Weights and Measures Association

At the 2022 WWMA Annual Meeting, Ms. Rebecca Richardson (Clean Fuels Alliance America), supported

continued development of this item. Mr. Kevin Schnepp of CDFA DMS proposed several changes:

• 2.31.1. 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.

• 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 16CFR306.

Based on testimony heard regarding this item not being fully developed, the WWMA L&R Committee 

recommends this item be assigned Developing status.
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Central Weights and Measures Association

At the 2022 CWMA Interim Meeting, Mr. 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. Ms. 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. Mr. 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 Mr. Corr considers as editorial in nature). Mr. 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. Mr. Scott Fenwick (Clean Fuels Alliance America) commented he 

is supportive of the concept and supports consistent language and uniformity with citations throughout the 

Handbook. Mr. 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. 

Southern Weights and Measures Association 

At the 2022 SWMA Annual Meeting, Mr. 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. 

Mr. 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. 

Dr. 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.

Mr. 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, Ms. 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. Mr. Jim Willis (New York) concurs. The Committee recommends 

Assigned status for this item. 
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Item Block 2 (B2) Gasoline 

B2: MOS-23.2 Section 2.20 Gasoline and Gasoline-Oxygenate Blends

B2: FLR-23.2 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. 

Table 3. Summary of Recommendations

Item Block 2. (B2) – Gasoline

V D W A I Note* Comments 

Submitter 

OWM

CWMA 

WWMA 

SWMA 

NEWMA 

NCWM

*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: 

2.20. 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 
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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, at the time of delivery of the fuel, on product 

transfer documents such as an invoice, bill of lading, shipping paper, or other documentation: 

(a) Information that complies with 40 CFR 1090.1110 PTD requirements for gasoline,

gasoline additives, and gasoline regulated blendstocks when the fuel contains ethanol. 

(b) For fuels containing multiple oxygenates or oxygenates other than ethanol that do not 

contain ethanol, information that complies with 2.20.2(a) 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.” 

(c) Gasoline For fuels containing more than 0.15 mass percent oxygen from methanol 

information that complies with 2.20.2(a) and 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).

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) 

3.2. 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, at the time of delivery of the fuel, on product transfer 

documents such as an invoice, bill of lading, shipping paper, or other documentation: 

(a) Information that complies with 40 CFR 1090.1110 PTD requirements for gasoline, 

gasoline additives, and gasoline regulated blendstocks when the fuel contains ethanol.

(Added 2014) (Amended 2022, and 20XX)

(b) For fuels containing multiple oxygenates or oxygenates other than ethanol that do not 

contain ethanol, information that complies with 2.20.2(a) 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)

(c) Gasoline For fuels containing more than 0.3 % by volume methanol information that 

complies with 2.20.2(a) and 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) 

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. Mr. 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. 
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Central Weights and Measures Association 

At the 2022 CWMA Interim Meeting, Mr. 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. Mr. Doug Musick and Mr. Loren Minnich 

(Kansas) support the item. Mr. Minnich suggested that under Section 2.20.2., (a) should be the head section 

and sections b and c become subsections ii and iii? Mr. 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 V 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. 

(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) 
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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 V 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) 

(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)
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(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) 

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, Ms. Lisa Warfield, NIST Technical Advisor commented that she believes 

the item should move forward with Informational status. Mr. Jim Willis (New York) commented that he 

believes the item should be given Developmental status. The Committee recommends Developing status 

for this 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.) 

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. 

Source: NCWM Cannabis Task Group

Submitter’s Purpose and Justification:

B3: PAL-22.1 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. 
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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 Cannabis-containing 

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 Cannabis-containing 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 Cannabiscontaining 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.

B3: PAL-22.2 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.

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

and Cannabis-Containing 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 
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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 Cannabis-Containing 

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 Cannabis-Containing 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 CannabisContaining products.

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).
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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 Cannabisflower 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 

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.
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• 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. 

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

• “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

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

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 

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. 

Table 3. Summary of Recommendations

Item Block 3. (B3) – Cannabis

V D W A I Note* Comments 

Submitter 

OWM 

CWMA 

WWMA 

SWMA 

NEWMA 

NCWM 

*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: 

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 – 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)

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
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(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. 

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)
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NIST OWM Detailed Technical Analysis: 

Conflict in Law or Regulation 

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 
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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.”

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.
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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 

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” 
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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 

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 with regard to 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 in order 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. 

Test Methods
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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 were added to 

labels because of how they were expressed within the regulation, even though a separate section stated 
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“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 of 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 recommends that the Committee seek 
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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 for the 

development for use in developing training and in assisting the states in adopting enforcement policies and 

even test equipment requirements. 

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-and-whywater-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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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: 

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 Cannabisis in compliance with this requirement unless the water activity is less than 

0.55 or greater and 0.65. 
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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. 

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. Mr. 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 Mr. Matt 

Curran (Florida).

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

The Committee received requests for changes from Mr. 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 words cannabis, marijuana, and marihuana. The Committee spelled out the 

acronym for “THC”.
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Mr. Sefcik also provided comments from the NIST Executive Summary. 

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.

The Committee considered the testimony from Mr. Sefcik and the NIST OWM Analysis provided to the 

Committee and published on the NCWM website.

Mr. 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”. 

Dr. Matthew Curran (Florida) supported the editorial change of italicizing and capitalizing “Cannabis”. 

Mr. 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.

Mr. Sefcik also provided comments from the NIST Executive Summary 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). 
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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.

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. 

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. Mr. 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. 

Mr. Floren stated that States are in different stages of regulation, and there is going to be a need for uniform 

standards. Mr. 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. Ms. 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. Mr. Joe Moreo (Trinity County, California) provided 

testimony that different species including Cannabis indica and Cannabis ruderalis should also be provided 

in the definition. Ms. 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.
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• 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 Mr. 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. 

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, Mr. 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. Mr. 

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. 

Mr. 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, Mr. Doug Musick (Kansas) commented CFR 990.1 defines total 

delta 9 THC. Mr. 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 
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development of this item. Dr. 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. Ms. 

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. Ms. 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. Mr. Charlie 

Stutesman (Kansas) commented that he believes waiting on further development puts us even farther behind 

where commerce currently is. Mr. 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, Ms. 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.

“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 cannabis-related 

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.
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Ms. 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 Ms. 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 

(2) (i) The a statement “Contains Cannabis”;

(3) (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

(c) On the back or side panel 

(1) a declaration of the marketed labeled cannabinoid per serving or application; and 

(2) the quantity declaration shall be in terms of milligrams. 

At the 2022 CWMA Interim Meeting, Mr. Doug Musick (Kansas) asked if on line 31 on page 122, the third 

time the word “cannabis” is used it should be italicized. Mr. 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. Mr. Doug Rathbun (Illinois) 

supports the item moving forward with Voting status. Mr. Charlie Rutherford (ASTM/ NCWM Cannabis 

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, as 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. 

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:
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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 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). 

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, Mr. Charlie Rutherford (NCWM Cannabis Task Group) and Dr. Matthew 

Curran (Florida) spoke in support of this as a Voting Item. Ms. 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. 

Dr. 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. 
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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, Mr. Jim Cassidy (NCWM Cannabis WG Co-Chair) commented 

that these items are fully developed and ready for Voting status. Mr. 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. Mr. 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. 

Ms. 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. Ms. 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. Ms. Warfield suggested adding a Section 11. Powers and Duties 

of the Director, in the Uniform Weights and Measures Laws. Mr. Marc Paquette (Vermont) and Ms. Cheryl 

Ayer (New Hampshire) have no objections to the proposed changes in the NIST analysis. Mr. Sefcik asked 

if Section 11 should be its own proposal because it does not fall under UPLR subject matter. Mr. Sefcik 

further suggested that the word “number” be changed to “quantity” in PAL 22.2.(b) (ii). Mr. 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. Mr. 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 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 
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(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 - Mr. Sefcik commented that there were questions raised regarding water activity and product 

quality and believes these items should be further considered. Dr. 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. Mr. 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 - Mr. 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. Mr. Sikula concurs with Mr. 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. Mr. 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. Ms. 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, Mr. 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. - Mr. 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 - Mr. Jason Flynn (New Jersey) noted that on page 129 of the NEWMA 
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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 - Mr. 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. Mr. Cassidy questioned NIST’s 

role in publishing these items. Mrs. 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. Mr. Sakin (Holliston, Massachusetts) commented that he has several 

growers in his area and believes these items needs to move forward as Voting Items. Ms. 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 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. 
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Mr. Rutherford commented that the most significant issue discussed by Ms. Warfield is waiting to 

implement labeling requirements. He said there are no pre-printed labels in this marketplace. Mr. Sakin

asked if states call products by varied terms. Mr. 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. Mr. Walt Remmert (Pennsylvania) supported this with Voting status taking into consideration 

NIST comments. Mr. Jason Flint (New Jersey) and Mr. Cassidy concur. The Committee recommends 

Voting status for this item. 

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: Missouri Department 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.

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.

Table 3. Summary of Recommendations

Item Block 6 (B6) – Transmission Fluid 

V D W A I Note* Comments 

Submitter 

OWM 

CWMA 

WWMA 

SWMA 

NEWMA
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Table 3. Summary of Recommendations

Item Block 6 (B6) – Transmission Fluid 

V D W A I Note* Comments 

NCWM

*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: 

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.

Caution: Some of the specifications are no longer deemed active by the original 

equipment manufacturer. Significant harm to the transmission is possible when using 
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in applications in which it is not intended. Always refer to your vehicle owner’s 

manual for proper transmission fluids.

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) 

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.
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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. 

Summary of Discussions and Actions:

At the 2021 NCWM Interim Meeting, Mr. 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 Ms. Warfield (NIST OWM) to clarify the language in the first paragraph of 

(f). Ms. Warfield (NIST OWM) remarked that the language should be clear and conspicuous following the 

UPLR. Ms. 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 nonconsumer 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 
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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.

Regional Association Reporting:

Western Weights and Measures Association

At the 2021 WWMA Annual Meeting, Mr. 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. Mr. 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, Mr. Hayes commented that there have been several meetings related 

to this issue, and he and Mr. 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. Ms. Joanna Johnson

(Automotive Oil Change Association and Chair of the FALS Transmission Fluid FG) made several 

comments. 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, Mr. 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. Mr. Upschulte 

believes Assigned status is appropriate for further development. The Committee concurs.
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Southern Weights and Measures Association 

At the 2021 SWMA Annual Meeting, Mr. 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.

Northeastern Weights and Measures Association 

At the 2021 NEWMA Interim Meeting, Mr. Hayes provided an update on this item. Ms. Joanna Johnson 

(TG Chair) submitted a statement that Mr. Hayes read. Ms. 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). Mr. 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 Summary reports https://www.nist.gov/pml/weights-andmeasures/publications/owm-technical-analysis 

[2] National Conference on Weights and Measures Publication 15 (2023) and 16 (2022) 

https://www.ncwm.com/

[3] 1905-2021 NCWM Annual Conference reports https://www.nist.gov/pml/weights-andmeasures/publications/ncwm-annual-reports