Inside this Issue

Page

Seafood Fraud - Where are We 

Now 1

This Month in History 1

Calendar 2

New Publications Released 4

This Month in 

History

December 1, 1941 – The American Civil Air

Patrol (CAP) was founded on this date as a

civilian auxilary of the U.S. Air Force.

December 5, 1933 - The 18th Amendment or

Prohibition Amendment to the U.S. Constitution was repealed after almost 14 years.

Cheers!

December 5, 1782 - The 8th President of the

United States, Martin van Buren (1782 -

1862) was born. 

December 7, 1787 - Delaware was the first

state to adopt the Constitution.

December 8, 1942 - The United States declared war on Japan after the attack on

Pearl Habor (December 7, 1941).

December 14, 1799 - George Washington

died at his home in Mount Vernon, Virginia.

December 15, 1791 - The first 10 amendments to the U.S. Constitution, the Bill of

Rights, became effective.

1

Volume 2 Issue 7

December 15, 2011

Wishing You the Joys of the Season

from all of us here in the

Office of Weights and Measures.

Happy New Year!

Seafood Fraud – Where

are We Now?

By David Sefcik

Fraud continues to be a serious concern within the U.S. Seafood Industry.

It occurs in three primary areas: short weighing, species substitution, and

trans-shipments to avoid duties. It is estimated that consumers purchase

$25.8 billion of seafood to eat at home and $54.0 billion in food service

purchases (i.e., restaurants) every year1

. That is over $79.8 billion dollars

of seafood purchased annually by consumers. If 2 % of the weight of the

$79.8 billion of seafood purchased annually is ice, where proper tare is

not taken, the annual loss to consumers would be $1.6 billion. This also

creates unfair business competition.

On May 28, 2009, a Seafood Forum was held at the National Institute of

Standards and Technology (NIST), to discuss the problem and possible solutions to short net weight fraud occurring in the Seafood industry. The

meeting was co-sponsored by the National Conference on Weights and

Measures (NCWM), the National Institute of Standards and Technology
Calendar 2012

January 22 - 25

NCWM Interim Meeting

New Orleans, LA

Contact: info@ncwm.net

January 26 - 27

NCSLI Technical Exchange 

North Charleston, SC

Info: http://conference.ncsli.org/

March 1 - 7

Weights and Measures Week

Contact: info@ncwm.net

March 22 - 23

Measurement Science Conference/9th International Temperature Symposium

Anaheim, CA

Contact: http://www.msc-conf.com/

March 26 - 29

SEMAP

Myrtle Beach, SC

Contact: Robert McGee at

rmcgee@scda.sc.gov

May 14 - 17

Northeastern Weights & Measures Association

(NEWMA) Annual Meeting

Seekonk, MA

Contact: James Cassidy at

jcassidy@cambridgema.gov

May 20

World Metrology Day

Contact: BIPM at

http://www.bipm.org/en/convention/wmd/

May 21 - 24

WRAP

Cheyenne, WY

Contact: Rober Weidler at

rweidl@state.wy.us

May 20 - 24

Central Weights and Measures Association

(CWMA)

Cedar Rapids, IA

Contact: Ivan Hankins at 

ivan.hankins@iowaagriculture.gov or

http://www.cwma.net/

July 15 - 19

National Conference on Weights and Measures

(NCWM) Annual Meeting

Portland, ME

Contact: info@ncwm.net

(continued on page 3)

W&M Connection 2 Volume 2 Issue 7

(NIST) and the Better Seafood Board (BSB)/National Fisheries Institute (NFI).

The forum was attended by 30 participants representing key Federal Agencies,

State Weights and Measures officials (seven states represented), Trade Associations, National Association of Attorney Generals (NAAG), and industry.

http://ts.nist.gov/WeightsAndMeasures/seafood-forum.cfm

The purpose of the meeting was to achieve three primary objectives: 

1. To clearly define the problem and economic impact from short net

weight fraud. 

2. To provide understanding of each agency’s role, responsibility, authority, enforcement, and oversight of seafood and net content compliance. 

3. To develop a plan for clear and immediate action to slow down and

eventually eliminate the problem of short weighing and to maintain

the public’s trust in the regulatory system. 

This led to a multi-state (17 states) investigation in January and February of

2010. A significant amount of awareness was generated with industry, consumers and government, as states shared their findings through press releases and enforcement action. The NCWM also published a press release

(http://ncwm.net/sites/default/files/about/press/2010/2010_03_29_Seafoo

d_Investigation.pdf) titled “National Investigation Exposes Fraud in Seafood

Labeling”. 

UPDATES

Efforts continue on all fronts to combat seafood fraud and to protect consumers and businesses. Below is the latest update from the various federal

and state agencies on their efforts and progress, along with other new developments. 

STATES

States continue to ask for and are being trained on ice deglazing procedures.

A number of states reported that they are continuing to routinely check

seafood, in particular seafood frozen with an ice glaze. State programs are

encouraged to develop a relationship and partnership with federal agencies

by sharing information and results with both their local Food and Drug Administration (FDA) and Customs and Border Protection (CBP). 

For FDA, the best point of contact is the state’s local District office, Director of Investigations Branch. If a state has not already identified a contact, information is available

on FDA’s website (http://www.fda.gov/ICECI/Inspections/IOM/ucm124008.htm) that

will assist in this effort. 

For CBP, an allegation of commercial trade fraud is best handled through CBP’s

online web portal that was specifically designed for this purpose. It can be

found on CBP’s website (http://www.cbp.gov/xp/cgov/trade/) under the

Trade tab, in the lower left corner, click on “e-Allegations,” which links directly

to CBP’s “Online Trade Violation Reporting System”.

FOOD AND DRUG ADMINISTRATION (FDA)

FDA reported they are reviving their Seafood Compliance Program. FDA recognizes that economic integrity is a big problem and a new mandate has been

added to address this issue. Plans are underway to implement ongoing maintenance programs and special assignments. The new FDA Commissioner, Dr.

Margaret A. Hamburg, has indicated that she expects to increase the level of

enforcement on issues of economic fraud such as short weight. FDA is ex-
The NIST

Office of Weights and Measures 

homepage: 

http://www.nist.gov/pml/wmd/index.cfm

Please change your 

browser’s bookmark.

July 29 - August 2

NCSLI Conference & Symposium 

Metrology and Testing - the Business End of

Metrology

Sacramento, CA

Contact: NCSLI at http://www.ncsli.org/

September 10 - 13

NEMAP

Portland, ME

Contact: Danny Newcombe at

Danny.Newcombe@maine.gov

September 16 - 20

Western Weights and Measures Association

(WWMA)

Breckenridge, CO

Contact: Mahesh Albuquerque at

mahesh.albuquerque@state.co.us

September 17 - 20

MidMAP

Sioux Falls, SD

Contact: Brad Stover at

brad.stover@state.sd.us

September 24 - 27

SWAP

Baton Rouge, LA

Contact: Richert Williams at

richer_w@ldaf.state.la.us

October 16 - 17

Northeastern Weights and Measures Association

(NEWMA) Interim Meeting

TBD

Contact: James Cassidy at

jcassidy@cambridgema.gov

CONTACTS FORWEBINARS

• Lab Metrology: Val Miller at val.miller@nist.gov or

view the Laboratory Metrology group webpage at: 

http://www.nist.gov/pml/wmd/labmetrology/webinars.cfm

• Devices: Tina Butcher at tina.butcher@nist.gov

W&M Connection 3 Volume 2 Issue 7

pected to carry out more enforcement actions against U.S. companies and

their exporter partners. 

Frozen Marinades on Seafood – The NIST Office of Weights and Measures has

received a number of calls from states as to whether a frozen “marinade”

glaze on seafood is tare or part of the net weight. FDA addressed this in an

October 2009 warning letter sent to a company in response to a violation at

the company’s seafood processing facility. http://www.fda.gov/ICECI/EnforcementActions/WarningLetters/ucm186807.htm

Below is an excerpt: 

“FDA collected samples of your Shell-On Shrimp, Peeled and Deveined Shrimp, and Cooked Tail-On Shrimp products during the inspection of your facility. These frozen shrimp products are

adulterated within the meaning of Section 402(b)(4) of the Act [21

U.S.C. § 342(b)(4)], in that an ice glaze and/or a frozen “marinade”

glaze containing water, citric acid, and salt, has been added to increase the products’ bulk or weight. Section 402(b)(4) of the Act provides that a food is adulterated if any substance has been added or

packed with it to increase its bulk or weight. Furthermore, your ShellOn Shrimp, Peeled and Deveined Shrimp, and Cooked Tail-On Shrimp

are misbranded within the meaning of Section 403(e)(2) of the Act

[21 U.S.C. § 343(e)(2)], and Section 4(a)(2) of the Fair Packaging and

Labeling Act (FPLA) [15 U.S.C. § 1453(a)(2)], in that they fail to bear

an accurate statement of the net quantity of contents because they

include the weight of the ice glaze or frozen marinade in the net

quantity of contents.”

CUSTOMS AND BORDER PROTECTION (CBP)

CBP continues to look into ways they can assist other government agencies

regarding short weighing violations. CBP has requested that they be contacted in the event illegal import activity is known or suspected fraud is taking

place. They can be contacted through their online “e-Allegations” trade violation reporting system http://www.cbp.gov/xp/cgov/trade/. 

NATIONAL MARINE FISHERIES SERVICES (NMFS)

NMFS reported that they are increasingly being asked to provide in-plant inspections in overseas facilities. They are introducing regulations that would

give them greater authority in this area and are committed to taking higher

levels of enforcement action on economic fraud. 

NATIONAL FISHERIES INSTITUTE (NFI)

NFI continues to seek government oversight for net weight compliance. In

addition, the Better Seafood Board has been working with a number of individual industries (i.e., such as the snow crab suppliers in Korea), to ensure a

uniform understanding of U.S. net weight regulations and testing methodologies.

Other New Developments

FOOD SERVICE INDUSTRY

The two major Food Service suppliers in the United States, Sysco and US

Foods, are committed to reducing fraud in the seafood industry for product

controlled through their distribution channels.2 The food service industry

represents the suppliers that deliver to restaurants and other similar establishments where a majority of fraud is believed to take place. These companies have given notice to suppliers that they expect 100 % compliance with

regard to proper labeling and ensuring net contents meet or exceed the declared quantity. Letters are being sent out annually by each company to their
W&M Connection 4 Volume 2 Issue 7

VISIT THE NATIONAL FIRE PROTECTION ASSOCIATION FOR VALUABLE

TIPS ON CHRISTMAS SAFETY.

http://www.nfpa.org/categoryList.asp?categoryID=296&URL=Safety%20Information/For%20c

onsumers/Holidays/Christmas%20tree%20fires&

cookie%5Ftest=1

Artifical trees should be labeled, certifed, or

identified by the manufacturer as fire retardant.

suppliers with firm and clear language informing their suppliers that they will

not tolerate product misbranded in any way, setting an expectation that all

products must be in compliance with federal, state and local laws and regulations. 

“CONSUMERS REPORTS” MAGAZINE

Consumers Reports met with NFI and FDA in a collaborative effort to inform

and educate consumers on seafood fraud. A recent article appeared in the

December 2011 issue titled “Mystery Fish”. NIST OWM also met with the

senior staff of Consumers Reports to talk about seafood fraud as well as many

other relevant weights and measures issues.

NIST OFFICE OF WEIGHTS AND MEASURES

Webinar

A 1.5 hour webinar entitled “Good Quantity Control Practices – Protect Yourself

from Short-Weighing” was presented to the seafood industry. It is available on

the NIST website (http://www.nist.gov/pml/wmd/metric/seafood-webinar.cfm)

as a resource for both industry and regulators. The webinar talks about ways to

root out short-weight seafood from the supply chain and explains how to set up

quality and quantity assurance programs to protect from short-weighing. Topics

cover:

• The legal requirements for net quantity of contents.

• The “12 Good Quantity Control Practices,” as outlined in NIST Handbook 130, Uniform Laws and Regulations. 

• How to ensure accurate net contents by controlling the four primary

components of a packaging system and the factors involved in ensuring

accurate net quantity. 

• The criteria for evaluating quantity control processes and packaging

systems. 

If you have any additional comments, or for more information, please contact

David Sefcik at dsefcik@nist.gov or call (301) 975-4868. 

Endnotes:

1 National Marine Fisheries Services, Statistical Division, 2010 Annual Report

2 Certain commercial entities, equipment, or materials may be identified in

this document in order to describe an experimental procedure or concept adequately. Such identification is not intended to imply recommendation or endorsement by the National Institute of Standards and Technology, nor is it

intended to imply that the entities, materials or equipment are necessarily

the best available for the purpose.”

NEW

PUBLICATIONS

RELEASED

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

Devices (2012)

• Handbook 130, Uniform Laws and

Regulations in the areas of legal

metrology and engine fuel quality

(2012)

• The National Conference on Weights

and Measures 1905 - 2010, SP 979

DVD

• NCWM, Report of the 96th National

Conference on Weights and Measures (2011), SP 1125

• NCWM, Publication 15 (2012) 

Links to these publications can be found at: 

http://www.nist.gov/pml/wmd/pubs/index

.cfm

2012 NCWM

INTERIM MEETING

January 22 - 25, 2012

New Orleans, Lousiana

Meeting and registration information can

be found at:

http://www.ncwm.net/content/2012-

ncwm-interim-meeting

DID YOU KNOW . . . • There are over 200 movies based on Charles Dicken’s, “A Christmas

Carol.” How many have you seen?

• “It’s a Wonderful Life” is the most viewed Christmas movie unless

you consider all the various versions of “A Christmas Carol.”

• Germany introduced the gingerbread house to the celebration of

the Christmas season.

• President Franklin Pierce, the 14th President (1853 - 1857), was

the first President to decorate the White House tree.