Article Ref: F-041 

Weights and Measures Connection, Vol. 7, Issue 1 Page 1

March 7, 2016

Labeling Requirements for Packages Labeled Using InStore Scales

Byline: David Sefcik

In the early 1950s, it became popular for supermarkets to offer random weight packaged meats and 

produce using in-store scales. The Uniform Packaging and Labeling Regulation (UPLR) in NIST Handbook 

130, “Uniform Laws and Regulations in the Areas of Legal Metrology an Engine Fuel Quality,” requires 

that a random weight label include a Declaration of Identity, Responsibility and Quantity. Due to the 

technology limitations in the printers of that era, specific exemptions (SI units, type size, location, and 

free area requirements) were added to the UPLR. The exemptions also apply to standard weight 

packages labeled using the same equipment, as long as they are labeled in the same manner as random 

packages. These exemptions are still in place today. 

The Exemptions

The exemptions can be found in the NIST Handbook 130, UPLR under Section 11.1. Random Packages, 

which applies to Random Weight and Uniform Weight packages. 

11.1. Random Packages. – A random package bearing a label conspicuously declaring:

(a) the net weight;

(b) unit price; and

(c) the total price

shall be exempt from the SI units, type size, location, and free area requirements of this 

regulation. In the case of a random package packed at one place for subsequent sale at 

another, neither the price per unit of weight nor the total selling price need appear on the 

package, provided the package label includes both such prices at the time it is offered or 

exposed for sale at retail.

This section shall also apply to uniform weight packages of fresh fruit or vegetables labeled by 

count, in the same manner and by the same type of equipment as random packages exempted 

by this section, and cheese and cheese products labeled in the same manner and by the same 

type of equipment as random packages exempted by this section.

The Confusion

For packages weighed directly on a scale, the regulation is clear. As long as the net weight, unit price, 

and total price are printed on the scale label, the exemptions allow: 
Article Ref: F-041 

Weights and Measures Connection, Vol. 7, Issue 1 Page 2

• U.S. customary units only, 

• the type size for the net quantity statement does not have to meet the minimum height of 

numbers and letters as found in the UPLR Table 1, 

• the net quantity statement does not have to appear in the lower 30 % of the label, and 

• the free area restriction around the net quantity statement does not apply. 

Recently, several states have reported that some retailers are not complying with the UPLR in their 

labeling practices. The problem arises when the scale label is used to label items sold by uniform or fixed 

weight (standard pack). If the label does not include the unit price, the exemptions do not apply. Often, 

products are being labeled in store using scale labels that display the net weight and total price, but the 

label does not display the unit price. If this occurs, and the scale label is used, it must meet the full 

requirements of the UPLR, meaning it must have U.S. customary and SI units, the type size must be based 

on the Principal Display Panel (PDP), the net quantity statement must be in the lower 30 % of the label, 

and the proper free area must be present around the net quantity statement. 

 Fruit Cup Ribeye Steak 8 oz 16 oz Pineapple Cored

 Net Wt. 64 oz (4 lb)

Quantity Unit Price Total Price Ct Net Wt Unit Price Total Price Net Wt/Ct Unit Price Total Price

 1 $14.99 2 16 oz $17.98 $4.99

The above examples of scale labels are in violation of the UPLR. Exemptions do not apply. (If the unit 

price is not displayed, it must meet the full requirements of the UPLR, including displaying SI units, the 

font size of the quantity statement must be based on the size of the PDP, and the quantity must be in 

the lower 30 % of the label.)

Sliced Apple Bowl Pecan Twirls Tortilla Chips 16 oz

Net Wt/Ct Unit Price Total Price Net Wt/Ct Unit Price Total Price Quantity Unit Price Total Price

 1 $4.99 $4.99 4 oz $5.40/lb $1.35 1 $2.99 $2.99

NET WT. 14 oz

 

The above examples of scale labels are in compliance with the UPLR. Exemptions apply.

Mislabeling has increased recently due to a trend of stores using a labeling practice (misuse of the 

exemptions) that is different than what was originally intended. This can primarily be attributed to 
Article Ref: F-041 

Weights and Measures Connection, Vol. 7, Issue 1 Page 3

change in retail marketing practices and a misunderstanding by retailers over the exemptions in 

Section 11.1. Random Packages. Retailers should be educated on the proper use of labeling using in 

store scales and provided an opportunity for corrective action. 

For more information, please feel free to contact David Sefcik at david.sefcik@nist.gov, (301) 975-4868. 

You may also contact Lisa Warfield at lisa.warfield@nist.gov, (301) 975-3308.