Inside this Issue

Department of Consumer Regulatory Af‐

fairs Launches a Week of Seminars to Cel‐

ebrate Weights and Measures Week 1

Labeling Requirements for Packages La‐

beled Using In‐Store Scales 2

Training and Events Calendar 2

Notes in Passing

Adoption of SI into State Law 4

Employee Highlights:

Bon Voyage Michele 5

Welcome Barbara 5

1

Volume 7 Issue 1

March 7, 2016

OFFICE OF WEIGHTS AND

MEASURES

General Inquries: (301) 975‐4004; e‐mail:

owm@nist.gov

Office Chief, Carol Hockert: e‐mail:

carol.hockert@nist.gov

Newsletter Editor: Linda Crown; (301) 975‐

3998; e‐mail: linda.crown@nist.gov

NATIONAL CONFERENCE

ON WEIGHTS AND MEASURES

101TH ANNUAL MEETING

JULY 24 ‐ 28, 2016

DENVER, COLORADO

Registration and lodging information for the

July meeting is available online at:

https://www.ncwm.net/sems/event_de‐

tail/2016‐annual‐co. 

The meeting schedule, and supporting doc‐

uments are also available at this website lo‐

cation.

Department of Consumer Regulatory Affairs

Washington, D.C.

Launches a Week of Seminars to 

Celebrate Weights and Measures Week 

Mr. Ronald Johnson, Director of D.C. Weights and Measures, is pictured pre‐

senting a welcome and an outline of the planned events for Weights and

Measures Week. Ms. Carol Hockert of the Office of Weights and Measures

(OWM) was also present and addressed a few remarks. Several other OWM

staff members also attended. 

The Department of Consumer and Reg‐

ulatory Affairs (DCRA) offered weights

and measures demonstrations, free re‐

sources and various educational semi‐

nars daily. The events were held

March 1 through March 3, 2016. 

Educational seminars were open to the

public. Scale inspections were being

offered daily begining at 11:00 a.m.

Each day a featured seminar and

demonstration was held targeting var‐

ious weights and issues such as scales,

price verification, and gas.
W&M Connection 2 Volume 7 Issue 1

Training and Events

Calendar 

2016

Registration for training in the NIST Office of

Weights and Measures is handled by Yvonne

Branden at yvonne.branden@nist.gov.

Course descriptions can be viewed on the Of‐

fice of Weights and Measures website at

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

and clicking on the name of the course. 

March 7 ‐ 18 (10 days)

Mass Metrology Seminar

Class No. 5379

NIST/Gaithersburg, MD

March 31 (2 hr)

Webinar ‐ Conducting an Effective Management

Review

2:00 p.m. ‐ 4:00 p.m.

Class No. 5418

April 4 ‐ 8 (5 days)

Fundamentals of Metrology

Class No. 5380

NIST/Gaithersburg, MD

April 7 (2 hr)

Webinar ‐ Software Verification and Validation

2:00 p.m. ‐ 4:00 p.m.

Class No. 5399

April 4 ‐ 7 (4 days)

Handbook 133, Checking the Net Contents of Pack‐

aged Goods ‐ Basic

Class No. 5411

Sparks, NV

April 8 (1 day)

Handbook 130, Uniform Packaging and Labeling

Regulations

Class No. 5412

Sparks, NV

April 11 ‐ 14 (4 days)

SEMAP**

Class No. 5405

Richmond, VA

April 18 ‐ 21 (4 days)

CaMAP**

Class No. 5406

Puerto Rico

April 26 ‐ 27 (2 days)

NTEP MDMD Work Group Meeting

Reynoldsburg, OH

www.ncwm.net

April 27 (2hr)

Webinar ‐ Calibration Method Validation

2:00 p.m. ‐ 4 p.m.

Class No. 5430

(continued on pg 3)

Labeling Requirements for

Packages Labeled Using In‐

Store Scales 

By 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 Pack‐

aging and Labeling Regulation (UPLR) in NIST Handbook 130, “Uniform Laws

and Regulations in the Areas of Legal Metrology an Engine Fuel Quality,” re‐

quires that a random weight label include a Declaration of Identity, Respon‐

sibility and Quantity. Due to the technology limitations in the printers of that

era, specific exemptions (SI units, type size, location, and free area require‐

ments) were added to the UPLR. The exemptions also apply to standard

weight packages labeled using the same equipment, as long as they are la‐

beled 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: 

• 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, 
W&M Connection 3 Volume 7 Issue 1

April 28 (2 hr)

Webinar ‐ Calibration Method Validation

2:00 p.m. ‐ 4:00 p.m.

Class No. 5400 

May 2 ‐ 5 (4 days)

WRAP**

Class No. 5407

Los Angeles, CA

May 16 ‐ 19 (4 days)

NEWMA Annual Meeting

Portland, ME

www.ncwm.net

May 16 ‐ 27 (10 days)

Mass Metrology Seminar

Class No. 5381

NIST/Gaithersburg, MD

May 23 ‐ 26 (4 days)

CWMA Annual Meeting

Rapid City, SD

www.ncwm.net

May 23 ‐ 26 (4 days)

Retail Motor‐Fuel Dispensers and Consoles

Class No. 5404

Rapid City, SD

June 6 ‐ 10 (5 days)

Laboratory Administration Seminar

Class No. 5382

NIST/Gaithersburg, MD

June 13 ‐ 17 (5 days)

Volume Metrology Seminar

Class No. 5398

NIST/Gaithersburg, MD

June 13 ‐ 17 (5 days)

Liquefied Petroleum Gas (LPG)

Liquid‐Measuring Systems

Class No. 5419

Raleigh, NC

July 24 ‐ 28 (5 days)

National Conference on Weights and Mesaures

101stAnnual Meeting

Denver, CO

info@ncwm.net

August 8 ‐ 12 (5 days)

Fundamentals of Metrology

Class No. 5417

NIST/Gaithersburg, MD

August 11 (2 hr)

Webinar ‐ Contract Review

2:00 p.m. ‐ 4:00 p.m.

Class No. 5383

August 22 ‐ 26 (5 days)

Handbook 133 ‐ Chapter 4, Dimensional Measure‐

ment

Class No. 5401

NIST/Gaithersburg, MD

August 23 ‐ 24 (2 days)

NTEP Weighing Sector Meeting

Denver, CO

www.ncwm.net

(continued on pg 4)

• 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 state‐

ment must be in the lower 30 % of the label, and the proper free area must

be present around the net quantity statement. 

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 re‐

quirements 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.)

The above examples of scale labels are in compliance with the UPLR. Ex‐

emptions 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 change in retail marketing prac‐

tices and a misunderstanding by retailers over the exemptions in Section 11.1.

Random Packages. Retailers should be educated on the proper use of label‐

ing using in store scales and provided an opportunity for corrective action. 

Fruit Cup

Net Wt. 64 oz (4 lb)

Quantity

1

Unit Price Total Price

$14.99

Ribeye Steak 8 oz

Ct

2

Net Wt

16 oz

Unit Price Total Price

$17,98

16 oz Pineapple Cored

Net Wt/Ct Unit Price Total Price

$4.99

Sliced Apple Bowl 

NET WT. 14 oz

Net Wt/Ct

1

Unit Price

$4.99

Total Price

$4.99

Pecan Twirls

Net Wt/Ct Unit Price Total Price

4 oz $5.40/lb $1.35

Tortilla Chips 16 oz

Quantity

1

Unit Price

$2.99

Total Price

$2.99
W&M Connection 4 Volume 7 Issue 1

August 25 (2 hr)

Webinar ‐ Document Control and Recordkeeping

2:00 p.m. ‐ 4:00 p.m.

Class No. 5384

September 11 ‐ 15 (5 days)

WWMA Annual Meeting

Honolulu, HI

www.ncwm.net

September 19 ‐ 22 (4 days)

NEMAP**

Class No. 5408

Concord, NH

October 3 ‐ 6 (4 days)

SWAP**

Class No. 5409

Austin, TX

October 17 ‐ 20 (4 days)

MidMAP**

Class No. 5410

Columbus, OH

October 20 (2 hr)

Webinar ‐ Internal Auditing Best Practices

2:00 p.m. ‐ 4:00 p.m.

Class No. 5385

October 24 ‐ November 4 (10 days)

Mass Metrology Seminar

Class No. 5386

NIST/Gaithersburg, MD

2017

February 16 (2 hr)

Webinar ‐ Conducting an Effective Management

Review

2:00 p.m. ‐ 4:00 p.m.

Class No. 5416

March 2 (2 hr)

Webinar ‐ Internal Auditing Best Practices

2:00 p.m. ‐ 4:00 p.m.

Class No. 5420

August 17 (2 hr)

Webinar ‐ Contract Review

2:00 p.m. ‐ 4:00 p.m.

Class No. 5421

August 31 (2 hr)

Webinar ‐ Document Control and Record Keeping

2:00 p.m. ‐ 4:00 p.m. 

Class No. 5422

October 19

Webinar ‐ Internal Auditing Best Practices

2:00 p.m. ‐ 4 p.m.

Class No.5423

*Invitation Only

**Limited to State Laboratory Program Par‐

ticipants

For more information, please feel free to contact David Sefcik at david.sef‐

cik@nist.gov, (301) 975‐4868. You may also contact Lisa Warfield at

lisa.warfield@nist.gov, (301) 975‐3308.

Notes in passing . . .

Adoption of the SI

in State Law

As many of you know, the SI units are set to be updated in 2018, which will

include the redefinition of the kilogram. You may want to think about making

sure that your state laws will remain current after these changes take effect.

The best way to do so would be to mirror the language in 

NIST Handbook 130, Uniform Weights and Measures Law, Section 2, Note 2: 

“SI or SI Unit. – means the International System of Units as estab‐

lished in 1960 by the General Conference on Weights and Measures

and interpreted or modified for the United States by the Secretary

of Commerce.... See also NIST Special Publication 330, ‘The Interna‐

tional System of Units (SI)’” 

or in 15 U.S.C. 205, which was adopted in 2007:

"The metric system of measurement shall be defined as the Interna‐

tional System of Units as established in 1960, and subsequently main‐

tained, by the General Conference on Weights and Measures, and as

interpreted or modified for the United States by the Secretary of

Commerce.”

https://www.gpo.gov/fdsys/pkg/PLAW‐110publ69/pdf/PLAW‐

110publ69.pdf (See Sec. 3570. Mectric System Defined.)

The advantage to either of these definitions is that they aren’t dependent on

any particular publication, which would change over time. NIST, under dele‐

gated authority from the Secretary of Commerce, periodically announces in

the Federal Register what the official interpretation of the International Sys‐

tem of Units (“SI") might be. The latest information is here

http://www.nist.gov/pml/wmd/metric/metric‐pubs.cfm, but because of pro‐

posed changes to SI being considered by the international community, we

expect these documents to be updated in a few years.

The Office of Weights and Measures

will glady include your weights and measures related events in

our calendar.

Contact the Editor: Linda.Crown@nist.gov
W&M Connection 5 Volume 7 Issue 1

Bon Voyage Michele

With a heavy heart, the Office of Weights and Measures (OWM) said good‐

bye to the office’s long‐time secretary, Michele Krebs. On January 7, 2016,

Michele joined the ranks of the retired and free. She was honored with an

in‐house reception on January 6 of light refreshments to give the National

Institute of Standards and Technology employees from other departments

an opportunity to say farewell. On January 21, her OWM co‐workers treated

Michele and husband, Rob, to a dinner at a local Italian restaurant.

We all had a wonderful time talking about shared events and the Krebs’ plans

for the future. Both Michele and Rob enjoy traveling and have spent many

enjoyable vacations in France, Italy, Great Brittan, Africa, Egypt, and many

other exciting places abroad. To celebrate their most loved country, France,

the office provided them with a tour of France via a selection of wines from

the various regions of France – along with a color coded map! As the Krebs’

drink their way through the French countryside via fine French wine, it is

hoped they will remember us.

Michele’s contributions to the office and tales of adventures in faraway places

will be missed, but she promises to keep us all informed. We wish you,

Michele and Rob, good luck, good health, and many exciting adventures

ahead. 

Welcome Barbara

While change can often be both difficult and challenging for everyone, we

said goodbye to Michele and hello to Barbara. We are happy to announce

the hiring of Barbara Turner. Barbara recently joined the Office of Weights

and Measures (OWM) to take over as the Office Manager with the retirement

of Michele Krebs. She comes to OWM with a diverse background. Barbara is

a former National Institute of Standards and Technology (NIST) employee who

worked in the Physical Measurement Laboratory (PML) for 10 years and left

to take a position with the State Department, Foreign Service Institute (FSI)

in Arlington, Virginia. At FSI, she was a Program Assistant and an Office Man‐

ager for three years. While Barbara states the work was interesting and she

learned a lot, the commute was a killer. She also realized that she missed

NIST. So, after a three‐year absence, Barbara has returned “home” to NIST.

Welcome home Barbara! 

Employee Highlight In the Field

Is there a W&M topic that you would like to

have appear in the Weights and Measures

Connection?

How can we better serve our W&M commu‐

nity?

Do you have a safety tidbit to share?

Do you have a W&M event that you wish to

post in the Connection’s calendar?

Submissions can be sent to the Editor, Linda

Crown at Linda.Crown@nist.gov

WEIGHTS AND MEAS‐ URES

IN THE NEWS

ABC 12

Protecthing Yourself at the Pump

http://www.abc12.com/home/headlines/Pr

otecting‐yourself‐at‐the‐Pump‐

369362301.html

Koenigsegg

Applies, Oranges, Weights and Meas‐

ures

http://koenigsegg.com/apples‐oranges‐

weights‐and‐measures/

prweb

NCWM Releases the 1st in a Series of

Videos on Weights and Measures In‐

spectors

http://www.prweb.com/releases/2016/

02/prweb13222903.htm

North Jersey.com

Bloomfield, Verona stores accused of

unlawful pricing practices

http://www.northjersey.com/news/busi

ness/shopping/bloomfield‐verona‐

stores‐accused‐of‐unlawful‐pricing‐prac‐

tices‐1.1491753

SPRINGTIME IS AROUND THE CORNER

CHECK OUT THE NEW CLASSES ADDED

TO THE

TRAINING AND EVENTS

CALENDAR FOR 2016.