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VI. NCWM Policy, Interpretations, and Guidelines, Section 2 

Excerpts from NCWM Publication 3 

Table of Contents

Section Page

2.1.1. Weight(s) and/or Measure(s). .........................................................................................................................231

2.1.2. Section 19(a), Identity. ...................................................................................................................................232

2.1.3. Definition of Net Weight. ...............................................................................................................................232

2.1.4. Offenses and Penalties, Sale of an Incorrect Device.......................................................................................232

2.1.5. Weight: Primary Mill Paper...........................................................................................................................233

2.2.1. Gift Packages..................................................................................................................................................233

2.2.2. Sand. ...............................................................................................................................................................233

2.2.3. Sold by 4/5 Bushel. ..........................................................................................................................................234

2.2.5. Lot, Shipment, or Delivery. ............................................................................................................................234

2.2.6. Aerosols and Similar Pressurized Containers. ................................................................................................235

2.2.7. Aerosol Packaged Products. ...........................................................................................................................236

2.2.8. Variety and Combination Packages................................................................................................................237

2.2.9. Textile Products..............................................................................................................................................238

2.2.10. Yarn. .............................................................................................................................................................239

2.2.11. Tint Base Paint..............................................................................................................................................240

2.2.12. Reference Temperature for Refrigerated Products: When a Product is Required to be Maintained under 

Refrigeration................................................................................................................................................240

2.2.13. Declaration of Identity: Consumer Package (UPLR) and 1.5.1. in Combination with Other Foods 

(UMSCR). ...................................................................................................................................................240

2.2.14. Typewriter and Computer Printer Ribbons and Tapes. ...............................................................................241

2.3.1. Instant Concentrated Products. .......................................................................................................................242

2.3.2. Fresh Fruits and Vegetables............................................................................................................................242

2.3.3. Cardboard Cartons..........................................................................................................................................244

2.3.4. Catalyst Beads. ...............................................................................................................................................245

2.3.5. Incense............................................................................................................................................................245

2.3.6. Sea Shells........................................................................................................................................................245

2.3.7. Tire Tread Rubber Products............................................................................................................................245
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2.3.8. Wiper Blades. .................................................................................................................................................246

2.3.9. Fireplace Logs. ...............................................................................................................................................246

2.3.11. Packaged Foods or Cosmetics Sold from Vending Machines. .....................................................................246

2.3.12. Movie Films, Tapes, Cassettes. ....................................................................................................................247

2.3.13. Vegetable Oil................................................................................................................................................247

2.3.15. Bulk Sales.....................................................................................................................................................247

2.5.6. Guidelines for NCWM Resolution of Requests for Recognition of Moisture Loss in Other Packaged 

Products.......................................................................................................................................................249

2.6.1. Retail Gas Sales and Metric Price Computations in General..........................................................................252

2.6.2. Price Posting. ..................................................................................................................................................252

2.6.3. Octane Posting Regulations............................................................................................................................254

2.6.4. Multi-Tier Pricing: Motor Fuel Deliveries (Computing Pumps or Dispensers). ...........................................255

2.6.5. Cereal Grains and Oil Seeds. ..........................................................................................................................256

2.6.6. Basic Engine Fuels, Petroleum Products, and Lubricants Laboratory............................................................256

2.6.7. Product Conformance Statements...................................................................................................................257

2.6.8. Commodities Under FTC Jurisdiction under the Fair Packaging and Labeling Act and Exclusions. ............257

2.6.9. Size Descriptors for Raw, Shell-On Shrimp Products. ...................................................................................264

2.6.10. Model Guidelines for the Administrative Review Process. ..........................................................................264

2.6.11. Good Quantity Control Practices..................................................................................................................267

2.6.12. Point-of-Pack Inspection Guidelines. ...........................................................................................................267

2.6.13. Guideline for Verifying the Labeled Basis Weight of Communication and Other Paper.............................270

2.6.14. Labeling Guidelines for Chamois. ................................................................................................................274

2.6.15. Labeling Guidelines for Natural and Synthetic Sponges. .............................................................................277

2.6.16. Minimum Fuel Flush for Octane Verification. .............................................................................................281
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NCWM Policy, Interpretations, and Guidelines

Introduction

This section of the handbook includes NCWM interpretations, policies, recommendations, inspection outlines, and 

information on issues that have come before the Conference. Several sections include information on federal 

requirements related to the uniform laws and regulations presented in the handbook. The purpose of this section is 

to assist users in understanding and applying the uniform regulations and to guide administrators in implementing 

new programs or procedures. The guidelines or recommendations provided should not be construed to redefine any 

state or local law or limit any jurisdiction from enforcing any law, regulation, or procedure (unless the section 

describes a specific federal regulation that preempts local requirements).

(Added 1997)

2.1.1. Weight(s) and/or Measure(s). 

(L&R, 1985, p. 77)

The measuring elements of a point-of-sale system are “weights and/or measures.” Errors in pricing when found in 

point-of-sale systems come under “Misrepresentation of Pricing” in the weights and measures law and are under the 

jurisdiction of weights and measures.

Background

A recommendation was made to change the definition of “weights and measures” in the Uniform Weights and 

Measures Law to specifically define a scanner or point-of-sale system as under weights and measures jurisdiction.

Several state representatives said that they had enforcement problems when a scanner or point-of-sale system was 

being used and when the price marked on an item (or on the shelf) was not the same as the price printed on the 

receipt. These officials believe that unless the law specifically defines these devices as “weights and measures,” 

they have no jurisdiction over the devices’ function.

The Committee disagreed. The NCWM Uniform Weights and Measures Law has a section that forbids the practice 

of a different price on the retail shelf as compared with the price provided by a scanner. Section 15 of the Uniform 

Weights and Measures Law reads:

No person shall misrepresent the price of any commodity or service sold, offered, exposed, or advertised for 

sale by weight, measure, or count, nor represent the price in any manner calculated or tending to mislead 

or in any way deceive a person.

This section (plus Section 14 forbidding misrepresentation of quantity), if enacted by a state, already provides 

enforcement authority over scanners and point-of-sale systems.

In addition, the Committee does not want to set a precedent by listing by name the types of devices that might be 

considered weights and measures devices. This might provide a potential “loop-hole” for those devices not 

specifically listed. Finally, the Committee members pointed out that it is the human element (the person reading in 

data or receiving price updates) that introduces the discrepancies in shelf and receipt prices rather than any inherent 

incapability of the reading device or scanner. Therefore, it is much more effective to forbid the practice of 

mispricing rather than focus on a single device or apparatus as the means for obtaining compliance. 
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2.1.2. Section 19(a), Identity.

(L&R Committee, 1986, p. 143)

Packaged food not containing meat or poultry does not have to have an identity statement if the identity of the 

commodity can easily be identified through the wrapper or container.

Background

Virginia Weights and Measures recommended revision to Section 19(a) of the Uniform Weights and Measures Law 

(UWML) to eliminate the exemption of an identity statement from packages when the item “can easily be identified 

through the wrapper or container.” The Committee is of the opinion that there is merit in retaining the language in 

Section 19(a) of the Uniform Law. Packages of fresh product packaged in a retail establishment are considered to 

be packages as long as a price is attached. If the exemption were eliminated, such packages instead of being 

marked, for example, “12/89 cents” would have to be marked “lemons, 12/89 cents.” It was argued that there could 

be a problem in deciding whether or not a commodity could “easily be identified” (such as might occur in an ethnic 

specialty grocery or with an exotic produce item). In researching the issue, the Committee has determined that 

Title 21, Section 101.100(b)(3) of the Code of Federal Regulations specifically exempts the food identity statement 

from having to appear “. . . if the common or usual name of the food is clearly revealed by its appearance.” Since no 

specific problems of enforcement were brought to the attention of the Committee concerning this issue, the 

Committee recommends no change to Section 19(a) at this time. However, the Committee recommends that 

Section 3.1. and 4. of the Uniform Packaging and Labeling Regulation be noted as follows:

Section 19(a) of the Uniform Weights and Measures Law, and 21 CFR 101.100(b) (3) for non-meat and 

non-poultry foods, specifically exempt packages from identity statements if the identity of the commodity 

“can easily be identified through the wrapper or container.”

2.1.3. Definition of Net Weight. 

(L&R, 1987, p. 123)

1. It is the intent of this definition to include truck-loads of commodities, not just packages (“containers”).

2. It is not the intent to define the net weight of packaged goods as requiring dry tare (“. . . excluding . . . 

substance(s) not considered to be part of the commodity” could just as well be interpreted as excluding 

liquids not considered part of the commodity at the time of sale).

3. It is also the intent to permit more specific definitions as the occasion warrants (“. . . material(s) . . . not 

considered . . . part of the commodity” might include dirt or “foreign material” in a commodity).

2.1.4. Offenses and Penalties, Sale of an Incorrect Device. 

(L&R, 1987, p. 124)

A jurisdiction seeking to enforce the provision of the Uniform Weights and Measures Law that prohibits the sale of 

an incorrect device would have to show that the seller knowingly sold or offered for sale for use in commerce an 

incorrect weight or measure. Under Section 22, a seller would not be responsible for actions taken by the purchaser 

or distributor, in which the seller did not participate or have prior knowledge. Thus, the seller would not be liable:

(1) if a purchaser or distributor modified a scale obtained from a seller; or

(2) if a scale were used in trade after the seller informed the purchaser that the scale was not appropriate for 

that use.

In cases such as those noted above, the Committee feels that the seller would be protected from prosecution. Only 

sellers who knowingly violate the provision would be subject to prosecution.
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2.1.5. Weight: Primary Mill Paper. 

(L&R, 1990, p. 81)

Interpretation

Non-consumer sales of “primary mill paper” were discovered by weights and measures officials to be labeled and 

invoiced on what was called a “gross weight” basis. Primary mill paper is produced for commercial or industrial 

companies for subsequent additional processing, such as paper for newspaper or magazine publishers or sanitary 

tissue manufacturers. The primary mill paper is cut from “parent rolls” but is still a commercial-sized item weighing 

from several hundred to several thousands of pounds.

The key to understanding the longstanding trade practice is that the purchaser of such paper specifies not only the 

quality of the paper being purchased, such as the thickness, surface coating, etc., but the purchaser also specifies the 

core around which the paper is to be wound, the type of overwrap, the number of overwraps, and such other 

requirements that will ensure receipt of the primary mill paper in proper condition for subsequent processing. The 

weight of the core and wrapping is approximately 1 % of the gross weight. It is recycled by the purchasers in their 

own or other paper recovery or reuse systems.

Having reviewed the practices in the industry in the specification and purchasing of primary mill paper, the 

Committee concludes that the true product is the paper plus the packaging (in order to assure maintenance of 

quality) and an appropriate core (to ensure a fit on the recipient’s equipment). Therefore, in the Committee’s 

opinion, the sale of primary mill paper is not at all on a gross weight basis. This is and has been a misnomer. The 

true identity of the purchased product has been misunderstood by weights and measures authorities, further 

compounded by the industry use of the term “gross weight.” The product is the primary mill paper plus the core and 

overwrap specified by the purchaser.

The Committee, therefore, believes that the industry should review its invoicing and labeling to clarify that the 

weight of the specified product is the weight of the primary mill paper, core, and overwrap. Although this weight is 

the gross weight of the entire item as produced and shipped, it is the net weight of the item as specified by the 

purchaser.

This interpretation applies only to primary mill paper and is not intended to be applied to all non-consumer products 

ordered by specification; it is a narrow interpretation applying to the specific method of sale in this trade where the 

service of packaging and the packaging is part of the purchase.

2.2.1. Gift Packages.

(Resol. 1975, p. 237)

See also Interpretation 2.2.8.

Interpretation

Seasonal gift packages are often put up in retail stores in baskets and other decorative containers using cellophane or 

other clear flexible wrap to enclose a number of similar or dissimilar prepackaged items (for example: cheese, 

jellies, sausages, wine, fruit, etc.). The resulting combination or variety package must have a legally conforming 

label including the net contents statement.

2.2.2. Sand.

(L&R, 1978, p. 151)

Interpretation

Sand put up in permanent wooden bins is a consumer package and must be labeled with all mandatory information 

as required by the Uniform Packaging and Labeling Regulation.
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Background

The State of Hawaii raised the issue of the sale of sand in permanent wooden bins and sold by price per cubic 

measure. The Committee agrees with Hawaii that the sale of sand in this manner is subject to the Uniform 

Packaging and Labeling Regulation, under the definition of “Consumer Package” (Section 2.2. of the Uniform 

Packaging and Labeling Regulation) and that no further action is needed.

2.2.3. Sold by 4

/5 Bushel.

(L&R, 1974, p. 220)

Interpretation

The trade practice of crating citrus fruit in 4

/5 bushel units is a long-standing one. It is not intended to be a consumer 

package. If offered as a consumer package, the general consumer usage and trade custom in the particular state 

would have to be explored:

Section 6.10.(b)(1) of the Uniform Packaging and Labeling Regulation would permit a declaration employing 

different fractions in the net quantity declaration other than those permitted under Section 6.10.(b) if there exists a 

firmly established practice of using 4

/5 bushel in consumer sales and trade custom.

Background

It has been called to the attention of the Committee that certain commodities are being sold to consumers in 

“unacceptable” fractional units of dry measure in violation of Section 6.10. of the Uniform Packaging and Labeling 

Regulation. Specifically, the Committee has been asked for an interpretation as to whether the packaging of oranges 

in a 4

/5 bushel, which is later sold unweighed to a consumer, is a violation of the binary submultiple principle as 

implied in Section 6.10.(b). Some Committee members asserted that a clear exception exists under 

Section 6.10.(b)(1) which applies to this long established tradition of crating citrus fruit in 4

/5 of a bushel. 

Approximately 85 % of this fruit is sold by this trade practice. Additionally, it was asserted that the packager never 

intended the 4

/5 bushel to be a consumer package, but if the 4/5 bushel of citrus fruit is sold to consumers, this would 

be a matter between the appropriate state or local official and the retailer.

The consensus of the Committee is that this action of the packagers is not in violation of the indicated section.

2.2.5. Lot, Shipment, or Delivery.

(L&R, 1981, p. 95)

Policy

The requirements for the average package net contents to meet or exceed the labeled declaration may be applied to 

production lots, shipments, or deliveries. Shipments or deliveries are smaller collections of packages than 

production lots that may or may not consist of mixed lot codes.

Emphasis in inspection activities should be placed on warehouse and in plant testing without neglecting retail 

consumer protection.

Background

The Committee heard a petition from the California Brewers Association to define a lot as:

...a selection of containers under one roof produced by a single company of the same size, type and style, 

manufactured or packed under similar conditions with a minimum number to be equivalent to one 

production line shift.
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The intention of the petition is to focus Weights and Measures enforcement on production lots as opposed to small 

collections of packages on retail shelves, because the production lot is under the control of the packager.

An alternative proposal was made that would require mingling of lot and date codes in package inspection at 

warehouse locations.

The Committee has reviewed the proposals in light of Section 7.6. and Section 12.1. of the Uniform Packaging and 

Labeling Regulation which refers to “shipment, delivery, or lot.” If the petition is approved, the terms “shipment” 

and “delivery” would have to be dropped from this Uniform Regulation.

The Committee recognizes the inherent value of in-plant and warehouse inspection and is of the opinion that, 

wherever possible, such inspections should be carried out. At the same time, the Committee recognizes the need for 

the state and local weights and measures officials to protect the consumer at the level where the ultimate sale is 

made. Therefore, the Committee recommends no change to the Uniform Regulation.

The Committee looks forward to the work of the Special Study Group on Enforcement Uniformity of the NCWM 

which will be exploring the mechanisms that might be instituted to make in-plant inspection workable.

2.2.6. Aerosols and Similar Pressurized Containers.

(L&R, 1976, p. 248)

See also Guideline 2.2.7.

Interpretation

It is the opinion of the NCWM that an FDA opinion as expressed in the Fair Packaging and Labeling Act Manual 

Guide FDA 7563.7, not objecting to volume declarations on aerosol products, does not supersede or preempt state 

requirements that aerosols be labeled by net weight.

Background

The Department of Commerce through the Office of Weights and Measures of the National Institute of Standards 

and Technology, under its statutory responsibility for “cooperation with the states in securing uniformity in weights 

and measures laws and methods of inspection,” developed Section 10.3.

10.3. Aerosols and Similar Pressurized Containers. – The declaration of quantity on an aerosol

package and on a similar pressurized package shall disclose the net quantity of the commodity (including 

propellant), in terms of weight, that will be expelled when the instructions for use as shown on the 

container are followed.

Several states, which are among the 32 that have adopted the Uniform Packaging and Labeling Regulation, indicated 

that pressurized cans were currently being marked by volume rather than by weight as required above. Industry 

representatives indicated that according to the FDA, they are permitted to mark this type of container by volume and 

that for competitive purposes they will continue to do so. The NCWM was asked to contact FDA and inform them 

that a declaration of volume on pressurized containers is not acceptable to the states since it cannot be verified.

A meeting was requested to express NIST/NCWM’s concern over the FDA position on quantity of contents 

declarations on aerosols, which is found in the Fair Packaging and Labeling Act (FPLA) Manual Guide 

FDA 7563.7. This Guide states that in the past, the FDA has not objected to the use of units of volume to declare 

the net contents of aerosol preparations that would be liquid if not combined with the propellant and a net weight 

statement in avoirdupois units for products that would be solids if not combined with a propellant. The FDA was 

asked to modify its position to provide that existing state regulations (concerning aerosol quantity of contents 

declarations) are not superseded by FDA Guidelines. FDA officials stated that the FDA would consider the request, 

but it did not appear at the time of the Interim Meetings that the FDA would make any statement to modify its 

position without following its administrative procedures and permitting interested parties to exhaust every element 

of due process.
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One industry representative stated that there has been a good deal of concern that fluorocarbon propellants may in 

the long run cause the partial destruction of the ozone layer in the upper atmosphere surrounding the earth, and that 

the diminution of the ozone layer would have adverse effects on human health. Therefore, they have converted to 

new formulations which eliminate fluorocarbon propellants. As a result of this conversion to a non-fluorocarbon 

propellant system, which uses a propellant with a much lower density than that of the usual fluorocarbon 

propellants, continued use of a weight measure would be highly misleading to the consumer. Therefore, some spray 

labels have been changed so as to denote the contents in terms of fluid measure, rather than in terms of weight 

measure.

The industry representative stated that if manufacturers were to be required to use weight measure, consumers would 

be deceived into buying products, such as hair spray, with large amounts of fluorocarbon that vaporizes before it 

reaches the hair. Consumers prefer products with a large amount of base. Industry further indicated that they 

wanted to avoid a confrontation with the states over this issue and believe that the matter can readily be resolved 

without the need for litigation. Although the use of fluid measure on the principal panel will give consumers the 

most helpful information at the point of purchase, the industry would have no objection to putting the net weight on 

the back of the label.

The Committee wants to commend FDA for their interest in this matter and the manufacturers who seek to improve 

their product and its labeling information. The Committee is also encouraged to work with all interested parties to 

resolve this issue. However, the Committee does not believe that mere guidelines can preempt a Uniform 

Regulation developed under the technical authority of the federal agency delegated by Congress and adopted by the 

states through its representatives, no matter how broad the preemptive clause of an act might be. Additionally, the 

Committee cannot support open and notorious violations of state regulations where those violations occurred prior to 

bringing the issue before the Conference. Therefore, the Committee believes that NCWM should support a firm 

stand by the states that their regulations must be respected.

2.2.7. Aerosol Packaged Products.

(Liaison, 1979, p. 239)

See also Guideline 2.2.6.

Policy

The NCWM recommends all aerosol packages be labeled by net weight. FDA permits volume declarations. The 

NCWM has requested the FDA to change its regulations and revise its interpretation of these regulations.

Substance of Petition

The NCWM petitions the FDA to make the necessary changes to their regulations and interpretation of 

21 CFR 101.105(g) as appearing in the FDA Fair Packaging and Labeling Manual Guide, 7563.7 pertaining to the 

quantity of contents declaration on aerosol packaged products. It is requested that the net quantity statement on 

aerosol packaged products or similar pressurized packages be made in terms of net weight only. The reasons for 

recommending such changes are as follows:

1. Net quantity labeling of aerosol packaged products in terms of net weight is a firmly established trade 

practice for such products.

2. Net quantity labeling of aerosol packaged products in terms of volume is difficult (if not impossible) to 

verify with consumer verification methods or by conventional package inspection methods. State or local 

enforcement action is discouraged by such labeling.

3. Since the labeling of aerosol packaged products by volume cannot be compared with the labeling of such 

products in terms of net weight, labeling in terms of volume and weight inhibits value comparisons and 

causes consumer confusion with respect to the quantity of product the consumer is buying and can be a 

form of deceptive labeling.
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4. Uniformity between all state and federal regulations is highly desirable for both enforcement and fair 

competition in the marketplace. The Uniform Packaging and Labeling Regulation and the FTC and EPA

Regulations require net quantity labeling of aerosol packaged products in terms of net weight.

2.2.8. Variety and Combination Packages. 

(L&R, 1982, p. 149)

See also Guideline 2.2.1.

Interpretation

(a) Seasonal gift packages are “variety packages” within the meaning of the Uniform Packaging and Labeling 

Regulation if they contain “reasonably similar commodities” (such as various fruits). They are 

“combination packages” if they contain “dissimilar commodities” (such as wine, fresh fruit, and jellies). 

Variety package labels must declare the total quantity in the package. Combination package labels must 

declare a quantity declaration for each portion of dissimilar commodities.

(b) The example provided with Section 10.6., Variety Packages, of the Uniform Packaging and Labeling 

Regulation, shows a total quantity declaration and individual declaration for each type of commodity. The 

individual declaration is not required but is encouraged.

Background

The Committee reviewed Section 10.5 and Section 10.6 of the Model Packaging and Labeling Regulation in order to 

determine the need for further clarification. Several questions have arisen over the years with respect to:

(1) What are the net contents labeling requirements for seasonal gift packages composed of varying types of 

commodities or goods all combined into one package?

(2) Is the example provided in Section 10.6. entirely in keeping with the declaration requirements? (This 

section requires that total net contents be declared, but the example shows both total and individual net 

contents.)

The Committee believes that there is no need to modify these sections, but the discussions below may serve as 

guidance to enforcement officials and packagers on these sections.

Concerning labeling requirements for seasonal gift packages, it must first be determined what the individual units 

comprising each package are. The following examples are possibilities:

(a) individual packages of sausage, individual packages of cheese;

(b) several kinds of fruit of different weights; and

(c) several kinds of fruit, bottle of wine, several packages of cheese.

Examples (a) and (c) above are combination packages and should be labeled with net quantities of each unit or type 

of unit. It is possible to combine fruit net weight (or count if appropriate) as one declaration, cheese net weight as a 

second declaration, etc.

Example (b) above is a variety package and must be labeled with the total net weight or count (as appropriate) of 

fruit in the package. It is also reasonable for packagers to include, for full consumer information, a declaration of 

the individual net contents of each type of package or item in the gift package although this latter declaration is not 

required (e.g., 1 lb bananas, 3 pears). This is also the key to the second question asked above concerning the 

example provided in Section 10.6.; that is, although a declaration of individual item net contents is not required, 

packagers are encouraged to provide additional information wherever useful to the consumer.
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2.2.9. Textile Products. 

(L&R, 1977, p. 215)

Interpretation

(a) When a range of widths (e.g., 58/60) appears on the label of bolts or rolls for yard goods, enforcement 

action should be taken whenever the action width falls below the lesser of the two widths given as the range 

(in the example above, when the fabric width is less than 58 in).

(b) Section 10.9.3. Textiles: Variations from Declared Dimensions of the Uniform Packaging and Labeling 

Regulation is not to be interpreted as providing tolerances. The average requirement must be met. The 

average quantity of contents of a lot, shipment, or delivery must equal or exceed the declared dimensions. 

Dimensions of individual packages of textiles may vary as much as Section 10.9.3. permits, but the average 

requirement must still be met.

Background

The State of California and the American Textile Manufacturers Institute asked the NCWM Laws and Regulations 

Committee and the National Institute of Standards and Technology to assist in the resolution of two textile-product 

issues. In the first issue California asks for help in correcting a short measure condition, apparently a nationwide 

problem, which has been found in the packaging and labeling of textile yard goods put up on bolts or rolls.

The problem is outlined as follows:

1. Approximate width measurements are being used by some manufacturers in their label declarations.

Example: 

58/60 in (inch) width.

2. Label declarations are false and misleading in that actual amounts are less than the quantity represented on 

the label.

3. Section 10.9.3. of the Uniform Packaging and Labeling Regulation is extremely vague as to its intent and 

true meaning. Are the substantial variations (3 % and 6 %); (6 % and 12 %) permitted as product 

tolerances, or are they maximum unreasonable minus and plus errors to be allowed when sampling the 

product for quantity when using Handbook 67? 

California favors the repeal or clarification of Section 10.9.3. and suggests amending Section 10.9.2.(k) to read:

The quantity statement for packages of textile yard goods packaged on the bolt or roll for either wholesale 

or retail shall state its net measure in terms of yards for the length and width of the item, or its net weight 

in terms of avoirdupois pounds or ounces, or in terms of their metric equivalent.

During the Interim Meetings, a representative of the American Textile Manufacturers Institute (ATMI) informed 

committee members that the proposal to identify the width of yard goods with a single measurement (as opposed to 

a range) would be given serious consideration by their members, after which a recommendation will be finalized and 

submitted to the Laws and Regulations Committee.

After the Interim Meetings, the National Home Sewing Association said that if a single width declaration is 

required, the following could result:

(a) No change in manufacturing process would be effectuated; only the size declaration on bolts would be 

changed.
Handbook 130 – 2015 NCWM Policy, Interpretations, and Guidelines

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(b) Short measure problems could be created because consumers would look for the fabric to be exactly the 

stated width. Because the manufacturing processes were not changed, the width is actually the same as it 

was with the range declaration.

(c) Increased cost to manufacturers would result. One loom is used for many different fibers now; a single 

width declaration could create a need for many looms for each of the different fibers, thereby imposing 

“pass-along” costs to consumers.

(d) Consumer deception would be fostered in that a single declaration implies actual measurement.

California officials state that roll or bolt fabric should be labeled accurately with a single declaration. Additionally, 

they believe that industry does have enough shrinkage data on fibers used in the manufacturing processes, and thus 

could provide accurate measurement declaration on finished fabrics or materials.

The Committee believes that accurate quantity information should be provided on consumer products; however, no 

labeling changes should be required until patterns and yard goods are marketed in metric units. At that time, all 

measures shall be singularly stated (eliminating dual numbers) and, until that time, any products where size 

declaration is a range and found to be less than the smaller of the range declaration shall be subject to enforcement 

action. For example, a product marked “58 to 60 in” and found to be less than 58 inches should be considered to be 

in violation of weights and measures laws and/or regulations.

Additionally, the Committee affirms that the intent of the Variations from Declared Dimensions permitted in 

Section 10.9.3. in no way eliminates the requirement that quantity declarations for textiles must, on the average, not 

be less than declared declarations.

2.2.10. Yarn. 

(L&R, 1983, p. 153)

Interpretation

The appropriate net contents declaration for yarn is weight.

Background

A consumer has requested that the net quantity statement for yarn be changed from weight to length. The proposal 

is based on the consumers’ use of the product, darker colors often weigh more per unit of length. Therefore, they 

found that a lighter color yarn will “go farther” in craft applications than a darker yarn; consumers indicate that it is 

difficult to predict how much yarn of varying colors to purchase based on a weight declaration. The Committee is 

sympathetic to the request but must support existing labeling requirements for several reasons.

Yarn, by nature, is extremely stretchy; in order to label yarn by length, a specified tension would have to be applied 

in order to make any repeatable length measurement. Such a tension would have to be agreed upon by all the yarn 

manufacturers, and they would have to apply to compliance testing of product by weights and measures officials. 

Even if this tension “standard” were negotiated and decided upon, it would have little real meaning in use by needle 

crafters, knitters, and others. The tension applied to yarn in use varies from user to user and from application to 

application; therefore, the length also varies. Not only does dyeing yarn change the weight, dyeing also changes the 

length of yarn. For these reasons, industry representatives also support the requirements as they presently are 

written in the Uniform Packaging and Labeling Regulation.

The Committee recognizes the difficulty of working with this product and suggests that users of yarn consider 

buying an excess of the yarn over what is expected to be used in any application. The consumers should find out 

before purchase if, after finishing the product, they can return the unopened skeins to the retailers from whom the 

skeins were purchased.
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2.2.11. Tint Base Paint. 

(L&R, 1986, p. 146)

Section 11.23. of the Uniform Packaging and Labeling Regulation currently permits tint base paints (paints to which 

colorant must be added prior to sale) to be labeled in terms of the volume (a quart or gallon) that will be delivered to 

the purchaser after addition of the colorant only if three conditions are met:

1. “the system employed ensures that the purchaser always obtains a quart or a gallon”; 

2. “a statement indicating that the tint base paint is not to be sold without the addition of colorant is presented 

on the principal display panel;” and

3. “the contents of the container, before the addition of colorant, is stated in fluid ounces elsewhere on the 

label.”

2.2.12. Reference Temperature for Refrigerated Products: When a Product is Required to be Maintained 

under Refrigeration.

(L&R, 1990, p. 86)

Background

Section 6.5.(b) was revised to clarify that the reference temperature of 4.4 oC (40 oF) applies only to products that 

must be refrigerated to maintain product quality, rather than to items, such as carbonated soft drinks, that are 

refrigerated for the purchaser’s convenience.

Guideline

The Committee also discussed how an inspector could decide whether a product under refrigeration is required to be 

maintained under refrigeration. The following guidelines are provided:

1. The traditional food items that normally require refrigeration and are found in refrigerated cases will not 

ordinarily have any statement about requiring refrigeration. These items include milk, orange juice, and 

similar products. They may be tested at any temperature at, above or below their reference temperature of 

40 oF (4 oC) because such products are at their maximum density at their reference temperature, and the 

volume of such products will always increase at higher or lower temperatures. Thus any errors made by 

not measuring at the exact reference temperature will be in the favor of the packer.

2. Food items that normally require refrigeration, but which are processed so as not to require refrigeration 

prior to opening, will have “refrigerate after opening” or similar wording on the label. Such items as milk 

and orange juice can be found in this category as well as in the “refrigeration required” category. The two 

categories can be distinguished by the “refrigerate after opening” statement, which calls for testing at or 

above their reference temperature of 68 oF (20 oC).

3. Food items that are not expected to require refrigeration, but which may be refrigerated for the convenience 

of the consumer (such as carbonated beverages), are to be tested at temperatures of 68 oF (20 oC) or above 

even when found refrigerated for the convenience of the consumer.

2.2.13. Declaration of Identity: Consumer Package (UPLR) and 1.5.1. in Combination with Other Foods 

(UMSCR). 

(L&R, 1990, p. 93)

Background

Many food products are made by the retail store and labeled with names that may or may not have standards of 

identity or standards of composition in federal regulation or policy (for example, chicken cordon bleu). Weights and 
Handbook 130 – 2015 NCWM Policy, Interpretations, and Guidelines

241

measures officials need to know which names have standards of identity that must be followed in formulating the 

product and, therefore, in providing the ingredient statement.

Food Standards

The U.S. Department of Agriculture’s Food Safety and Inspection Service (USDA - FSIS) and the U.S. Department 

of Health and Human Services’ FDA share the responsibility of assuring truthful and accurate information on 

product labels. USDA - FSIS has responsibility for the development and application of the labeling requirements 

applicable to meat and poultry products containing more than 3 % fresh meat or at least 2 % cooked poultry meat. 

FDA oversees the labeling of most other food products.

USDA Standards of Identity and Composition

USDA has statutory authority to establish standards of identity for meat and poultry products. A standard of identity 

prescribes a manner of preparation and the ingredients of a product that is labeled with a particular name. A food 

that bears the name of a standardized food that does not satisfy the requirements of the applicable standard is 

misbranded. Examples of standardized products include: “Ham,” “Ham Water Added,” “Hot Dogs,” “Chicken and 

Noodles,” and “Spaghetti Sauce with Meatballs.”

Almost all standards enforced by FSIS are called “standards of composition.” These standards identify the 

minimum amount of meat or poultry required in a product’s recipe. For example, the standard of composition for 

“beef a la king” states that, if a product carries this name on its label, at least 20 % cooked beef must be used in the 

recipe.

But standards of composition do not prevent a manufacturer from increasing the meat or poultry content or adding 

other ingredients to increase a product’s appeal. For instance, a processor has the option of using more than the 

required amount of beef in beef a la king and adding other ingredients to make the product unique. A listing of meat 

and poultry content and labeling requirement including terms that are further defined can be found in the USDA 

FSIS Food Standards and Labeling Policy book which is available 

at www.fsis.usda.gov/OPPDE/larc/Policies/Labeling_Policy_book_082005.pdf. 

Label Approval

Food manufacturers are responsible for compliance with the FSIS labeling rules and adherence to the process 

maintained by FSIS for the evaluation and approval of meat and poultry product labels. This Guide provides the 

basic information necessary to devise a label for meat and poultry products and to understand the regulatory process 

administered by FSIS. A Guide to Federal Food Labeling Requirements for Meat and Poultry Products (2007) URL 

is located at www.fsis.usda.gov/PDF/Labeling_Requirements_Guide.pdf.

2.2.14. Typewriter and Computer Printer Ribbons and Tapes. 

(L&R, 1991) 

Interpretation

Typewriter and computer printer ribbons must be labeled by length. In addition, character yield information may be 

disclosed on the principal display panel.

Background

Packages of typewriter and computer printer ribbons and tapes have been found in the marketplace with no 

declaration of quantity of any kind. There is information on the package about the type of machine the ribbon or 

tape is designed to fit, but this is not a declaration of quantity. Purchasers have been misled as a result of the failure 

of some manufacturers to disclose the length; ribbons designated for a particular machine may be sold at a low price, 

but with substantially less length than ribbons ordinarily produced for the machine.
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2.3.1. Instant Concentrated Products.

(L&R, 1977, p. 219)

Interpretation

No additional net contents information (other than weight) is required for instant coffee, tea, and cocoa. 

Background

It was proposed that certain products, such as instant coffee, tea, and cocoa, should have a dual statement of weight 

including the number of cups (e.g., makes ten 6 oz cups).

The National Coffee Association of U.S.A., Inc., offered the following comments:

1. The number of servings of instant coffee will depend upon the size of the cup involved and the taste of the 

individual consumer.

2. The size of a cup will vary widely, ranging from a small “demitasse” cup to a large coffee mug.

3. The taste of the individual consumer defies definition because it will vary as widely as the number of 

individuals considered. Market research shows many like it “strong and black” and others prefer it “mild 

and thin.”

4. Any statement placed on a container of instant coffee that represents that the consumer will be able to 

obtain a specified number of servings would be arbitrary, confusing and, in a very sense, deceptive.

5. In view of the foregoing, any such requirements that the number of servings be listed on a container of 

instant coffee might expose the manufacturer to complaints from consumers that it was engaging in an 

unfair and deceptive practice.

Other issues that the Committee discussed included the authority to require precise directions (rather than, for 

example, 2 to 3 heaping teaspoons) and the issues of product variability and uniform enforcement.

2.3.2. Fresh Fruits and Vegetables.

(L&R, 1979, p. 176; 1980; 1982, p. 152; 2008)

Guideline

Recognizing the difficulty faced by consumers when more than one method of sale is employed in the same outlet 

for the same product, non-comparable methods of sale (e.g., weight and measure) for the same produce item in the 

same outlet should be minimized.

This guideline applies to all sales of fruits and vegetables. There are two tables, one for specific commodities and 

one for general commodity groups. Search the specific list first to find those commodities that either do not fit into 

any of the general groups or have unique methods of sale. If the item is not listed, find the general group in the 

second table. The item may be sold by any method of sale marked with an X.

(Amended 2008)
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Method of Retail Sale for Fresh Fruits and Vegetables

Specific Commodity

Commodity Weight Count

Head 

or 

Bunch

Dry 

Measure 

(any size)

Dry Measure 

(1 dry qt or 

larger)

Artichokes X X

Asparagus X X

Avocados X

Bananas X X

Beans (green, yellow, etc.) X X

Brussels Sprouts (loose) X

Brussels Sprouts (on stalk) X

Cherries X X X

Coconuts X X

Corn on the Cob X X

Dates X

Eggplant X X

Figs X

Grapes X

Melons (cut in pieces) X

Mushrooms (small) X X X

Mushrooms (portobello, large) X X

Okra X

Peas X X

Peppers (bell and other varieties) X X X

Pineapples X X

Rhubarb X X

Tomatoes (except cherry/grape) X X X
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Method of Retail Sale for Fresh Fruits and Vegetables

General Commodity Groups

Commodity Weight Count

Head

or

Bunch

Dry

Measure

(any size)

Dry 

Measure 

(1 dry qt or 

larger)

Berries and Cherry/Grape Tomatoes X X

Citrus Fruits (oranges, grapefruits, lemons, etc.) X X X

Edible Bulbs (onions [spring or green], garlic, 

leeks, etc.) X X X X 

Edible Tubers (Irish potatoes, sweet potatoes, 

ginger, horseradish, etc.) X X 

Flower Vegetables (broccoli, cauliflower, brussel

sprouts, etc.) X X 

Gourd Vegetables (cucumbers, squash, melons, 

etc.) X X X 

Leaf Vegetables (lettuce, cabbage, celery, etc.) X X

Leaf Vegetables (parsley, herbs, loose greens) X X X

Pitted Fruits (peaches, plums, prunes, etc.) X X X

Pome Fruits (apples, pears, mangoes, etc.) X X X

Root Vegetables (turnips, carrots, radishes, etc.) X X

2.3.3. Cardboard Cartons. 

(L&R, 1974, p. 223)

Guidelines and Interpretations

Cardboard cartons should be sold by their dimensions. Identification numbers used in the trade do not correspond 

to these dimensions and could tend to mislead the uninformed purchaser (although there is no actual unit such as 

inches associated with the identification numbers). Sales or catalogue literature will have to be investigated to 

determine whether there is sufficient information upon which to make a purchasing decision.

Background

Copies of letters received by the New York Bureau of Weights and Measures regarding cardboard containers were 

forwarded to the Committee. These letters highlight the confusion that exists when these containers are sold to new 

businessmen by an identity number which is often mistaken for the size of the box. For example, a 30 x 4 

identification number refers to a box whose actual size is 27 x 3 inches. It was suggested that a new section be 

added to the Method of Sale of Commodities Regulation so that these containers can be sold on a basis that will 

provide more accurate information.

An important argument in support of adding a new section is that small businessmen just getting started need as 

much assistance as can be provided in order to survive and grow.

An argument opposing this change is that a table, similar to Table 1. of Section 2.9. (Softwood Lumber) of the 

Uniform Method of Sale Regulation, could be printed showing the relationship between identity and size; this would 

not solve the problem.

It is the consensus of the Committee that these containers should be sold by actual size. The Committee does not 

believe, however, that every trade practice must be controlled through the Uniform Laws and Regulations. This is 
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245

particularly true where the item does not directly concern the retail consumer. The Committee, therefore, 

recommends that the appropriate trade associations be contacted and asked to correct this practice on a voluntary 

basis.

2.3.4. Catalyst Beads. 

(L&R, 1981, p. 100)

Guideline and Interpretation

The proper method of sale of catalyst beads used in automobile exhaust systems is by volume. It is appropriate for 

the quantity declaration to be supplemented by part number or other description of the specific converter for which 

the package of catalyst beads is intended.

Background

A communication from the General Motors Corporation AC Spark Plug Division was forwarded to the Committee 

which proposes discontinuing the labeling of their catalyst beads by weight. When the catalyst becomes 

contaminated by leaded gasoline or prolonged use, the catalytic converter in the exhaust system of recent GM cars 

and trucks (running on unleaded gasoline) must be emptied of its catalyst beads and be refilled by volume with 

replacement catalyst beads in order to meet emission standards. The beads are used by volume (to fill a catalytic 

converter), are hygroscopic, and vary in core material density. Therefore, packages of beads meeting a net weight 

label require an additional one-third pound (on the average) over the packages labeled by volume, cost about $7.50 

more per package, and the additional weight of beads will be discarded in actual use.

2.3.5. Incense. 

(L&R, 1978, p. 151)

Interpretation

Incense labeled by count is fully informative and sufficient.

Background

The State of Oregon raised the issue of proper quantity declarations for the sale of incense. The question is what, if 

any, information other than count, such as weight or volume or length, is necessary for an adequate description on 

packages of incense. The Committee is of the opinion that a statement of count as defined in Section 6.4.1(c) of the 

Uniform Packaging and Labeling Regulation is fully informative and is sufficient in this case.

2.3.6. Sea Shells. 

(L&R, 1976, p. 223)

Guideline

Sea shells shall be sold by count and weight for packages of 50 sea shells or less and by volume and weight for 

packages containing more than 50 sea shells.

2.3.7. Tire Tread Rubber Products. 

(L&R, 1976, p. 233)

Guideline

Tire tread rubber products shall be sold by net weight. The polyethylene film protective backing shall be part of the 

product and included in the net weight. The core is part of the tare and must be deducted from the gross weight to 

determine the net weight.
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246

2.3.8. Wiper Blades. 

(L&R, 1979, p. 182)

Interpretation

There is a trade custom of labeling automobile wiper blades by the length of the metal backing or vertebra, not the 

length of the blade. This is an acceptable method of sale and net contents declaration.

Background

The Committee received a request from a manufacturer of automobile wiper blades that had a problem with one 

state concerning the measurement of length as labeled on their packages. The state felt that the proper designation 

should be the length of the blade itself; the manufacturer said that traditionally the industry measured the length of 

the metal backing or vertebra.

The Committee, after some discussion, determined that since there was no intent to mislead customers, the 

traditional measurement of the metal backing or vertebra was acceptable.

2.3.9. Fireplace Logs. 

(L&R, 1975, p. 174)

Interpretation

Time of burning is not an appropriate quantity declaration for fireplace logs. (Section 2.4.3. of the Uniform Method 

of Sale of Commodities requires single logs to be sold by weight, or if packaged and less than 4 ft3

, weight plus 

count.)

Background

The enforceability of quantity declarations using time as the basis of measurement for commodities, including 

packaged commodities, must be considered carefully if equity in the marketplace is to be achieved. The Committee 

wants to stress to those who have submitted time declaration questions that the enforceability factor should not 

override consumer protection and uniformity considerations. Based on the above criteria, the Committee 

recommends that the Conference take the position that time is not an appropriate quantity declaration for fireplace 

logs.

2.3.11. Packaged Foods or Cosmetics Sold from Vending Machines.

(L&R, 1982, p. 152)

Interpretation

Packaged foods and cosmetics sold from vending machines must be labeled the same as similar items not sold in 

vending machines, including identity, responsibility, net contents, and ingredient declaration, except that 

Section 3.3. of the Uniform Regulation for the Method of Sale of Commodities permits identity and net contents to 

be posted on the machine in lieu of appearing on the package.

Background

As part of its review of the Uniform Regulation for the Method of Sale of Commodities, the FDA recommended 

adding a statement to Section 3.3. that packaged foods and cosmetics sold in vending machines must in general be 

labeled in accordance with requirements for similar articles not sold in vending machines (e.g., ingredient 

declaration requirements). The Committee recommends that this information be made a guideline rather than 

incorporated as part of the uniform regulation.
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2.3.12. Movie Films, Tapes, Cassettes.

(L&R, 1975, p. 174)

Guideline

Movie film may be sold by linear measure. Magnetic tapes and cassettes may be sold by either linear measure or 

playing time.

Background

The enforceability of quantity declarations using time as the basis of measurement for commodities, including 

packaged commodities, must be carefully considered to achieve equity in the marketplace. The Committee wants to 

stress to those who have submitted time declaration questions that the enforceability factor should not override 

consumer protection and uniformity considerations. The committee further recommends that the states follow FTC 

guidelines in requiring lineal measure for the sale of movie films and permit either linear measure or playing time 

for magnetic tapes and cassettes.

2.3.13. Vegetable Oil. 

(L&R, 1983, p. 208)

Guideline and Interpretation

Packaged liquid vegetable oil must be labeled by liquid volume, although net weight may also be declared.

Background

Packages of liquid vegetable oil are being sold for restaurant and other small food business use labeled by weight. It 

has been brought to the attention of the Committee that containers of product labeled “5 gal” look identical in 

dimensions to those labeled “35 lb” but the density of the vegetable oil is such that the 35 lb cans contain only about 

41⁄2 gal. The Institute of Shortening and Edible Oils indicated that companies selling liquid vegetable oils often 

compete with those selling solid shortening, and that a net weight comparison is useful for these purposes. Recipes 

for food products in large sizes sometimes provide ingredient quantities by weight or volume.

It is the opinion of the members of the Committee that packaged liquid vegetable oil must be labeled by liquid 

volume although a net weight may be declared in addition to the net volume statement.

When a single manufacturer of vegetable oil packages the same oil in the same size container with two such widely 

different net quantity statements, this practice could easily be considered (a) misleading to the customer, and 

(b) nonfunctional slack fill. Weights and measures enforcement action should be taken.

2.3.15. Bulk Sales.

(L&R Committee, 1986, p. 140)

When packaged or wrapped items (such as individually wrapped candies) are sold from bulk displays by weight, the 

price must be based on the net weight, not the weight including the individual piece wrappings. This will require 

(1) subtracting the weight of the bag into which the customer puts the pieces plus (2) subtracting the weight of the 

piece wrappings (the latter is a percentage of the gross weight – that is, the tare increases as the customer selects 

more of the commodity).

Background

Retail food stores are merchandising prepackaged commodities such as candies, pet food, snack bars, and bouillon 

cubes from bulk displays. Some retailers sell these products by gross weight. Section 1.2. of the Uniform Weights 

and Measures Law reads in part: “The term ‘weight’ as used in connection with any commodity means net 

weight. . .”
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248

A workshop was held on June 20, 1986, at the U.S. Department of Commerce, Washington, D.C., to explore the 

issues and alternatives involved in the sale of prepackaged goods from the bulk food sales areas of supermarkets. 

Representatives of the packaging, supermarket, and small grocery industries, scale and point-of-sale (POS) systems 

manufacturers, the U.S. Food and Drug Administration, weights and measures agencies, and the National Institute of 

Standards and Technology attended. No final recommendations came from this meeting; however, the participants 

expressed an interest in meeting again after a written report of the June 20, 1986, meeting was made available and 

before the Interim Meetings of the NCWM in January 1987. The following issues were discussed:

1. Prepackaged commodities in bulk displays are being sold on a gross weight basis.

Federal regulations covering packaged goods and every state Weights and Measures Law require any sale 

by weight to be “net weight” (not including the weight of the wrapping materials). In some areas of the 

nation, many items are being sold on a gross weight basis in the supermarkets, for example, fresh fruit and 

vegetables in poly bags in the produce area. Perhaps because of the light weight of these bags (that is, the 

minimum size of the scale division on the ordinary supermarket checkout scale is large with respect to the 

weight of the poly bags), low priority is given to correcting this sales practice, and a lack of uniformity in 

enforcement of the net weight requirements results. Weights and measures officials have found tare 

amounting to over 40 % of the gross weight in prepackaged items sold from bulk; the majority of cases 

seems to range from 3 % to 12 %. Officials see the need to “draw the line” in a sales practice that appears 

to have evolved from other practices that were not heavily monitored and corrected at their inception.

2. Retailers face technical and administrative problems in properly deducting tare from the gross weight.

Automatic deduction of tare is preferable for large-scale retailers because of its speed. No equipment 

(either stand-alone scale or POS) is available at the present time that can: (1) subtract a percentage of the 

gross weight to represent the tare weight; or (2) subtract a fixed tare for the bag and a percentage tare for 

the wrapper on the prepackaged item. [Editor’s Note: There is equipment now available that can deduct a 

tare that is a percentage of the gross weight.] Two POS system manufacturers said that new systems with 

percentage tare capability could be designed, but they could not definitely say whether retrofitting existing 

systems was possible. They said that the ability to retrofit declined with the age of the system. 

Supermarket representatives expressed concern that their in-store computer software would need 

modification above and beyond the retrofitting or software redesign that might be done by the POS 

manufacturers; their software is designed around current POS software.

Deduction of tare in the bulk food area using a scale other than the checkout scale can be done more easily 

than at checkout if a POS system is being used. A tare look-up table used in conjunction with the scale 

appears to be the only currently used method that meets the net weight requirements when packaged 

products are sold from bulk. (The procedure is to gross weigh the product, look up the tare, subtract it from 

the gross weight, and then determine a final net weight and total price.)

Each retailer will have to consider the cost of additional manpower (as the weighing and marking of the 

purchase in the bulk food area might require), new equipment (purchasing scales or POS systems with 

percentage tare capability), or retrofit of existing equipment as compared with the value of the market share 

contributed by the bulk marketing of prepacked commodities. However, two supermarket chain 

representatives said that they expected some growth in this type of sale (because of the customers’ 

perception of cleanliness of the product, for example).

3. Present methods of sale and advertising are often misleading.

Suggestions were made that advertising on a “wrapped weight” basis would properly inform the consumer. 

However, it was pointed out that a typical purchaser does not know what “wrapped weight” is (i.e., gross 

weight). Moreover, selling packaged goods on a gross weight basis is illegal; it thwarts value comparison 

with other products sold by net weight.
Handbook 130 – 2015 NCWM Policy, Interpretations, and Guidelines

249

Bulk food sales advertising often includes claims of savings of, for example, 10 % to 20 % over a purchase 

of the same commodity in standard-pack form. These advertising claims can be exaggerated and 

misleading if the comparisons referenced are between standard-pack commodities sold net weight and 

products sold from bulk on a gross weight basis.

The possibility of advertising a net weight unit price, but actually weighing at the checkout on a gross 

weight basis (and charging at a lower gross weight unit price) was discussed. For example, a sign could be 

posted with the following:

“$1.50 per pound, net weight. We are not able to weigh this packaged product on a net weight 

basis (that is, without the wrapper), and will therefore charge you $1.40 per pound including the 

wrapper weight at the checkout.”

Everyone agreed that advertising claims and appropriate wording would have to be chosen carefully if this 

is to be viable. However, those weights and measures officials present were generally opposed to this 

alternative based on the difficulty of enforcement and lack of assurance that a consumer would really 

understand explanatory signage.

2.5.6. Guidelines for NCWM Resolution of Requests for Recognition of Moisture Loss in Other Packaged 

Products. 

(Exec, 1988, p. 94)

The Task Force on Commodity Requirements limited its work to only a few product categories, using these 

categories as models for addressing moisture loss. The gray-area concept is the result of this work.

Recognizing several candidates for future work in moisture loss, the Task Force recommends that the following 

guidelines for moisture loss be followed as far as possible by any industry requesting consideration:

1. There should be reasonable uniformity in the moisture content of the product category. For example, since 

pet food has final moisture contents ranging from very moist to very dry, some sub categorization of pet 

food needs to be defined by industry before the NCWM study of the issue.

2. The predominant type of moisture loss (whether into the atmosphere or into the packaging materials) must 

be specified.

3. Different types of packaging might make it necessary to subcategorize the product. For example, pasta is 

packaged in cardboard, in polyethylene, or other packaging more impervious to moisture loss. The 

industry should define the domain of packaging materials to be considered.

4. “Real-world” data is needed on the product as found in the retail marketing chain – not just laboratory 

moisture-loss data.

5. The industry requesting consideration of moisture loss for its product should collect data on an industrywide basis (rather than from only one or two companies).

Information concerning the relative fractions of imported and domestically produced product should be 

available, for example, in order to assess the feasibility of interacting with the manufacturer on specific 

problem lots.

6. Moisture loss may occur either:

 - during manufacturing; or

 - during distribution.
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Data will be needed to show the relative proportion of moisture loss in these different locations since 

moisture loss is permitted only under good distribution practices. Geographical and seasonal variations 

may apply.

7. A description of the processing and packaging methods in use in the industry will be of great value, as will 

a description of the distribution system and time for manufacturing and distribution. A description of the 

existing net quantity control programs in place should be given, together with information on how 

compliance with Handbook 133 is obtained. A description of maintenance and inspection procedures for 

the scales should be provided, together with information on suitability of equipment and other 

measurements under Handbook 44. 

8. A description of federal and local agency jurisdiction and test should be given, as well as any regulatory 

history with respect to moisture loss and short weight. Has weights and measures enforcement generated 

the request? What efforts have addressed the moisture loss issue prior to approaching the NCWM? Are 

the appropriate federal agencies aware of the industry’s request to the NCWM?

9. The industry should propose the type of compliance system and/or moisture determination methodology to 

be used. The compliance scheme, if it contains industry data components, should be susceptible to 

verification (examples: USDA net weight tests for meat; exchange of samples with millers for flour) and 

should state what the companies will do to provide data to field inspection agencies in an ongoing fashion 

(as the gray-area approach requires). If in-plant testing is to be combined with field testing, who is to do 

such testing, and how is this to be accomplished? It should be possible to incorporate the proposed testing 

scheme into Handbook 133 to be used with Category A or B sampling plans.

When all the preliminary information recommended above has been collected, a field test of the proposed 

compliance scheme should be conducted by weights and measures enforcement officials to prove its viability.

See the plan diagrammed on the next page.
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251

Decision to Request

Characterize Product:

Imported vs Domestic

Processing and 

Packaging Systems 

used to produce 

product

Net contents and scale 

maintenance programs

Moisture content of 

product

Types of packaging 

materials used

Distribution process 

and time involved

How moisture is lost in 

distribution:

into atmosphere

into packaging 

materials

Prioritize Requests

Is Delineation of Problem Complete?

Form Technical Work Group:

Federal Agency representation

State Weights & Measures Agency

Industry or Trade Association 

Representation

Recommend Compliance 

Testing Scheme

HB-133 Category A or B

The "Gray-Area" Concept

Specific Test Methods

Collect Data on:

Amount of moisture in marketing chain

Suitability of compliance testing scheme for 

field use

Adopt Compliance Test Method(s)

Incorporate into HB-133

Key:

I Industry or Trade Association

C NCWM L&R Committee

T Technical Work Group

W Weights & Measures Officials

N NCWM Voting Membership

F Federal Agency

Plan For NCWM Resolution of Individual Requests For Recognition of 

Moisture Loss

I

C

W

T

F

I

C

C

I

T I W

N

No

Yes

 
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2.6.1. Retail Gas Sales and Metric Price Computations in General. 

(S&T, 1980, p. 227)

Guideline

The National Institute of Standards and Technology published equivalent rounded values for metric equivalents of 

U.S. customary units should be used. They are:

3.785 411 784 liters = 1 gallon

0.264 172 052 4 gallon = 1 liter

A “Rule of Reason” should apply to the corrected value so that the value used is consistent with the quantity of the 

transaction. The converted value should never have fewer than four significant digits and should have at least the 

same number of significant digits as the number of significant digits in the quantity of product being converted. For 

example, if a 1000 gal delivery were to be converted to liters the value would be 3785 L; for 10 000 gal, 37 854 L; 

for 100 gal, 378.5 L.

In the case of expressing a unit price equivalent for consumer value comparisons in retail gasoline sales, the 

following formula should be used: (advertised, posted, or computing device unit price per liter) × 3.785 = 

(equivalent unit price per gallon, rounded to the nearest 1

/10 cent.)

Examples:

26.9 cents per liter x 3.785 = $1.018 per gallon

26.8 cents per liter x 3.785 = $1.014 per gallon

26.7 cents per liter x 3.785 = $1.011 per gallon

26.5 cents per liter x 3.785 = $1.003 per gallon

26.4 cents per liter x 3.785 = $0.999 per gallon

This method is preferable to the alternative method of dividing the price per gallon by 3.785, which results in the 

same price per liter for three or more different prices per gallon when rounded to the 1

/10 cent.

2.6.2. Price Posting.

(L&R, 1981, p. 101) 

Guideline

1. Street Signs.

a. Until such time as the sale of gasoline and other Engine fuels is predominately by metric measurement 

(liter), price per gallon information should be made readily available to all prospective customers.

b. All street, roadside, and similar advertising signs displaying product price should provide price per 

gallon information.

c. Signs showing the equivalent price per liter may also be used, but their use is optional and should not 

employ numerals larger than the equivalent gallon price display.

d. Signs should show complete dollar and cents numerals, and they should be clearly legible and of full 

size. An exception should be granted to street signs that were designed to display only three numerals 

(e.g., $.899) and not four numerals as required for prices over $1.00 per gallon (e.g., $1.259). Until 

such signs can be replaced or modified, it would be acceptable:

(1) to attach an appropriate sign extension with the decimal fraction of a cent representation in 

alignment with the posted price; 
Handbook 130 – 2015 NCWM Policy, Interpretations, and Guidelines

253

(2) to include a smaller fraction of a cent representation with the last numeral of the posted price; or

(3) to add the whole number “one” before the cents values.

e. The changeover to advertising prices by the liter as a single mode of pricing should be established 

when 75 % of all retail outlets in a jurisdiction have converted their dispensers to metric measurement.

2. Posting of Prices at the Dispenser.

Each retail outlet should use exclusively only one measurement method of sale (gallon or liter). A change 

from one method to another should be carried out for all devices dispensing motor fuels in the retail outlet.

In the case of liter sales, suitable posting of per gallon and per liter prices at the device, service island, 

premises of the retail outlet, or any other locations must be in accordance with state and local laws, 

regulations, and ordinances, and in a manner that facilitates consumer comparisons between the per 

gallon price and the per liter price. Additional requirements may be necessary to avoid uncertainty as to 

nomenclature, location, and size of information on signs.

It is recommended that:

a. Current and accurate price comparisons between gallon and liter values be posted at the dispenser 

within easy view of the customer and visible from either side of the island. 

b. The sign should show equivalent quantity and price information.

Examples:

27.1¢ per liter = $1.026 per gallon

3.785 liters = 1 gallon

c. Letters and numerals should be at least 3⁄4 in (19 mm) in height and 1⁄8 in (3 mm) in width of stroke.

3. Quantity and Price Display on Dispensers

It is required that dispensers be designed to clearly show all required quantity and price information on the 

face(s) of a motor fuel dispenser in accordance with Handbook 44. 

4. Dispenser Modification Kits

As an interim alternative to “half pricing,” a number of computer modification kits have been installed to 

modify existing retail motor fuel dispensers that were not designed to compute and indicate prices over 

99.9¢ per gallon.

Some of the modification kits that have been referred to state weights and measures officials for approval 

have been rejected as failing to conform to Handbook 44 requirements. It is recommended that all 

modification kits and future modifications of dispensers be so designed and made as to be in full 

compliance with all applicable requirements of Handbook 44.
NCWM Policy, Interpretations, and Guidelines Handbook 130 – 2015

254

2.6.3. Octane Posting Regulations.

(Liaison, 1979, p. 240) 

Guideline

Weights and Measures officials should report to the FTC any instances of failure to post octane ratings by service 

stations. These would most likely occur during routine inspections of service station gasoline dispensers. Reports 

should be made to the appropriate FTC regional offices as listed below.

Background

As of June 1, 1979, the FTC requires the determination of octane ratings by refiners, the certification of octane 

ratings by refiners and distributors, and the posting of octane ratings by retailers on all gasoline pumps. The 

requirements are set forth in Public Law 95 297, the Petroleum Marketing Practices Act (PMPA), passed in 

June 1978 and the FTC’s Octane Rule, 16.C.F.R. Part 306. Although the octane posting rule has no effect on most 

FTC programs administered by state weights and measures officials with respect to checking gasoline dispensing 

devices for accuracy, the Liaison Committee feels that the Conference should be generally informed about the law 

and the FTC rule, if only to be prepared to answer inquiries about it or for some possible future enforcement 

demands. Keeping apprised of developments associated with the rule may be advisable. In addition, it will affect 

states which have octane certification and posting programs.

Regional Offices, Addresses, and Telephone Numbers:

Northeast Region

(CT, ME, MA, NH, NJ, NY, PR, RI, 

VT, and U.S. Virgin Islands)

Federal Trade Commission

One Bowling Green

New York, NY 10004

(877) 382-4357

East Central Region

(DE, DC, MD, MI, OH, PA, VA, 

and WV)

Federal Trade Commission

1111 Superior Avenue

Suite 200

Cleveland, OH 44114-2507

(877) 382-4357

Southeast Region 

(AL, FL, GA, MS, NC, SC, and TN)

Federal Trade Commission

Suite 1500

225 Peachtree Street, NE

Atlanta, GA 30303

(877) 382-4357

Midwest Region

(IL, IN, IA, KS, KY, NE, ND, MN, 

MO, SD, and WI)

Federal Trade Commission

55 West Monroe Street

Suite 1825

Chicago, IL 60603

(877) 382-4357

Northwest Region

(AK, ID, MT, OR, WA, WY)

Federal Trade Commission

915 Second Avenue, Room 2896

Seattle, WA 98174

(877) 382-4357

Southwest Region

(AR, LA, NM, OK, and TX)

Federal Trade Commission

1999 Bryan Street

Suite 2150

Dallas, TX 75201-6808

(877) 382-4357

Western Region

(AZ, Northern CA, Southern CA, 

CO, HI, NV, and UT)

Federal Trade Commission

901 Market Street

Suite 570

San Francisco, CA 94103

(877) 382-4357

Western Region

(AZ, Northern CA, Southern CA, 

CO, HI, NV, and UT)

Federal Trade Commission

10877 Wilshire Boulevard

Suite 700

Los Angeles, CA 90024

(877) 382-4357
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255

The preemption section of PMPA (204) reads as follows:

Section 204. To the extent that any provision of this title applies to any act or omission, no state or any political 

subdivision thereof may adopt, enforce, or continue in effect any provision of any law or regulation (including any 

remedy or penalty applicable to any violation thereof) with respect to such act or omission, unless such provision of 

such law or regulation is the same as the applicable provision of this title.

Section 204 prohibits states and other political subdivisions from enforcing requirements that are not the same as the 

applicable provisions of this law. Jurisdictions having octane requirements should carefully review with their legal 

advisors the effect of this law.

The FTC’s Octane rule was published in final form on March 30, 1979, in the Federal Register (Vol. 44, No. 63, 

Part V, pp. 19160 19172). The rule became effective June 1, 1979.

The law requires that refiners determine octane ratings of their products, and certify them to their distributors. The 

distributors must pass along the certification to the retailer, unless he blends the gas, in which case he may have to 

certify his blend.

A similar procedure relating to the posting of octane ratings is set forth for the retailer. The FTC is responsible for 

enforcement with respect to the accuracy of the certified ratings. The FTC is also empowered to check records, 

which must be retained for one year by each link in the distribution chain.

The FTC is in need of help from the state and local jurisdictions in the area of surveillance and testing. Such 

assistance could occur at a number of levels. Notice of octane mislabeling and failure to post octane ratings is 

requested.

Other levels of assistance would concern jurisdictions that have octane testing programs and would be interested in 

cooperating with FTC in testing or in reporting discrepancies in octane rating.

For more information contact the Federal Trade Commission at 600 Pennsylvania Avenue, NW, Washington, D.C. 

20580, phone (202) 326-2222. 

2.6.4. Multi-Tier Pricing: Motor Fuel Deliveries (Computing Pumps or Dispensers). 

(L&R, 1982, p. 150; L&R, 1985, p. 100) (L&R, 1988, p. 162)

Policy

Charging different prices for the same product depending upon the manner of payment, other purchases, amount of 

service, etc., is a management decision of the merchandiser. Those merchants who elect to offer multiple prices for 

motor fuel must comply with the state and local weights and measure laws and regulations, including Handbook 44. 

They must also make marketing decisions that comply with state truth in lending, cash discount, price advertising, 

and usury laws. All such laws are intended to prohibit deceptive, misleading, or misrepresentative information 

being given to the consumer. The following guidelines are intended to apply to price advertising or posting at the 

street side or highway as well as at the pump or dispenser, and to the price computed at the device. These guidelines 

are applicable to other discount or combination offers (such as combination purchases of car wash and gas, for 

example).

1. If a price is posted or advertised, it must be available to all qualified customers. If any condition or 

qualification is required to obtain the posted price, that condition must also be posted clearly and 

understandably, in conjunction with the price wherever it is posted.

2. The lowest price may be posted or advertised by itself as long as any restrictions for receiving that price 

(for example, “cash only”) are also clearly posted or advertised in conjunction with the price and as long as 

other state requirements do not prohibit it. For example, certain states require that all prices available from 

a given retail location must be posted on street side signs if any prices are posted.
NCWM Policy, Interpretations, and Guidelines Handbook 130 – 2015

256

3. If the merchandiser elects to establish separate devices or islands for sale of the same product at different 

prices, the devices or islands shall be clearly identified as “cash,” “credit,” “self-serve,” or other 

appropriate wording to avoid customer confusion.

4. The use of a single-price-computing dispenser for sale of motor fuel at multiple unit prices is inappropriate, 

facilitates fraud, and should be eliminated. The NCWM should adopt a plan and timetable for changeover 

to devices that can compute and display final money values for multiple prices.

2.6.5. Cereal Grains and Oil Seeds.

(L&R, 1981, p. 95; L&R, 1996, p. 135)

Interpretation

The addition of water to grain for the purpose of adding weight prior to selling grain by weight is an illegal practice 

under federal laws.

NOTE: Effective February 11, 1995, the Federal Grain Inspection Service adopted a regulation in 

7 CFR Part 800.61 prohibiting the application of water to grain except for milling, malting, or similar processing 

operations. See Volume 59, No. 198 for Friday, October 14, 1994, or page 52 071, for additional information.

Background

A letter from the Oklahoma Grain and Feed Association was forwarded to the Committee asking whether the 

addition of water to grain is legal. The request was prompted by an article reporting on methods of adding water to 

grain to bring the moisture content up to market standards. For example, when soybeans are sold at 8 % moisture 

content, there is less weight sold (and less revenue for the soybeans to the seller) than if water were added to the

same soybeans to bring them to 10 % moisture content.

However, the Committee is greatly concerned about the ramifications of such practices. Many grain experts do not 

believe that over-dried grain should be valued as highly as grain at moisture contents close to market standards. 

Overly dry grain is more susceptible to breakage, for example.

Water added after harvest will not be taken up chemically the way that naturally moist grain binds water. Errors in 

adding water or the particular biochemical nature of the grain after addition of water can lead to spoiled grain. 

Studies on the long term keeping qualities of grain with water added have not been carried out. The calibration of 

moisture meters is based on naturally moist grain, and there is a known difference between the electrical properties 

of naturally moist grain and grain with moisture added.

Of a more basic nature, however, the Committee recognizes the fact that a grain buyer purchases grain expecting 

such grain to be naturally moist or dried, not to be with water added. The seller who adds water to grain solely to 

add weight, therefore, misrepresents his product.

Both the FDA and USDA have sent letters to the Committee indicating that the addition of water to grain solely for 

the purpose of adding weight is an illegal practice. Because existing federal laws already prohibit this practice, the 

Committee recommends no further action on the part of the Conference at this time.

2.6.6. Basic Engine Fuels, Petroleum Products, and Lubricants Laboratory. 

(L&R, 1994, p. 129-135; L&R, 2006, p. L&R-8) (Developed by the Petroleum Subcommittee.)

The petroleum fuels and lubricants laboratory is an integral element of an inspection program and is generally 

developed to satisfy the testing requirements as described in the laws and rules of the regulating agency. Guidelines 

have been developed to assist states in evaluating their options of employing a private lab or building or expanding 

their own lab. This information is available at www.nist.gov/pml/wmd/index.cfm. 
Handbook 130 – 2015 NCWM Policy, Interpretations, and Guidelines

257

2.6.7. Product Conformance Statements. 

(L&R, 1992, p. 148)

Interpretation

References to a product’s conformance with product standards (for example, “manufactured to standard EN235” or 

similar product conformance statements) on labels for wallcovering or other products, are not considered qualifying 

terms and do not violate Section 6.12.1., Supplementary Quantity Declarations of the Uniform Packaging and 

Labeling Regulation, provided the requirements of Section 8.1.4. Free Area is met.

Background

The Wallcovering Manufacturers Association (WMA) requested the Conference’s position on the use of 

conformance statements on the labels of wallcovering and border material. This issue relates to wallcovering 

products that originate from manufacturers in Europe where a declaration of conformance to a specific government 

standard is required on consumer packages. Thousands of product “standards” or “Euronorms” are being 

established for the European Community. Conformance declarations are required to provide consumers and 

customs officials with information on the product. The issue relates to the use of such statements as “manufactured 

to standard EN235” on labels of wallcovering that are imported from Europe. The WMA requested the 

Committee’s opinion on the use of this type of statement if a package is labeled in conformance with sections 

Section 6.12.1. Supplementary Quantity Declarations and Section 8.1.4. Free Area. One question is whether the 

display of the conformance statement would be permitted provided that it did not include an unacceptable quantity 

declaration. Another question concerns the need to comply with the requirement for adequate free area around the 

quantity declaration when the conformance declaration is placed on the label. It was the Committee’s opinion that 

conformance statements on package labels would not violate any provisions of the PLR if the requirements of 

Sections 6.12.1. and 8.1.4. are met.

The Committee recommended this interpretation for inclusion in Handbook 130 because it is likely that this type of 

notice will become common as more and more free market trading areas are opened to expand international trade. 

This interpretation does not indicate acceptance or endorsement of any requirements contained in product 

conformance statements.

2.6.8. Commodities Under FTC Jurisdiction under the Fair Packaging and Labeling Act and Exclusions.

(L&R, 1993, p. 279; L&R, 1994, p. 294)

The following lists indicate the commodities and commodity groups that are and are not within the scope of the Fair 

Packaging and Labeling Act administered by the FTC. The following codes appear with each excluded commodity 

and designate the reason that the particular commodity has been excluded.

BATF – designates commodities subject to laws administered by the Bureau of Alcohol, Tobacco, and Firearms.

CI (Commission Interpretation) – designates those categories that have been excluded by the Commission in the 

light of legislative history of the definition of “consumer commodity.” By applying this definition to individual 

commodities, the Commission has more narrowly applied the latter term and set forth a list of items that do not meet 

the criteria of consumer commodities. On occasion the Commission is requested in both a formal and informal 

manner to consider individual products and to determine their status relative to the definition of “consumer 

commodity” as it is used in the Act.

EPA – designates commodities subject to the Federal Environmental Pest Control Act of 1972 administered by the 

Environmental Protection Agency.

FDA – designates those commodities which are subject to regulation by the FDA either under the portion of the 

FPLA administered by that agency or the Federal Food, Drug, and Cosmetic Act (Section 10(a)(3) and Section 7 of 

the FPLA). Following the code FDA will be a letter further designating the commodity as either a food (F), 

drug (D), cosmetic (C), or device (DV).
NCWM Policy, Interpretations, and Guidelines Handbook 130 – 2015

258

USDA – designates those commodities excluded from jurisdiction by Section 10(a) of the FPLA and represents a 

commodity within one of the following categories: meat or meat products, poultry or poultry products, or tobacco 

or tobacco products.

It may be of some help in ascertaining whether a particular product is or is not included within the FPLA definition 

of “consumer commodity” and thus subject to FTC jurisdiction under that Act, to refer to the following definition:

“. . . Any article, product, or commodity of any kind or class which is customarily produced or 

distributed for sale through retail sales agencies or instrumentalities for consumption by 

individuals, or use by individuals for purposes of personal care or in the performance of services 

ordinarily rendered within the household, and which is usually consumed or expended in the 

course of such use.”

By applying these criteria to the particular product in question and then reviewing the list of excluded commodities, 

the observer will be able, in most instances, to determine the status of the item. In the event, however, that the 

observer is unable to ascertain whether a particular commodity is covered or excluded from FTC jurisdiction, 

contact FTC for an opinion. 

Commodities Included Under FTC Jurisdiction

Soaps and Detergents Powder, flakes, chips, etc.

Liquid

Paste, cake, or tablet

Cleaning Compounds Liquid

Powder

Paste or cake

Solvent and cleaning fluids for home use

Laundry Supplies Conditioners and softeners, ironing aids, distilled water

Sizings and starches

Bluings and bleaches

Pre-soaks, enzymes, etc.

Cleaning Devices Sponges and chamois

Steel wool, scouring and soap pads

Food Wraps Plastic and cellophane

Wax paper and paper

Foil (aluminum wrap)

Paper Products Toweling

Napkins, table cloths, and place mats

Facial tissues

Bathroom tissues

Disposable diapers

Crepe paper

Other (e.g., shelf paper, wrapping paper, eye glass tissues)
Handbook 130 – 2015 NCWM Policy, Interpretations, and Guidelines

259

Commodities Included Under FTC Jurisdiction

Waxes and Polishes Powder

Liquid

Paste and cake

Other (e.g., polish impregnated cloths, scratch removers)

Household Supplies Matches

Candles

Toothpicks

Cordage (string, twine, rope, clothes line, etc.)

Drinking straws

Lighter and propane torch fuel, flints, pipe cleaners, etc.

Lubricants

Household Supplies (continued) Picnic supplies

Sand paper and emory paper

Charcoal briquets, chips, logs, etc.

Dyes and tints

Camera film, photo supplies and chemicals

Protective foil cooking utensils

Aluminum foil cooking utensils

Christmas decorations

Solder

LPG for other than home heating or cooking

Waxes for home use

Light bulbs

Dry cell batteries

Pressure sensitive tapes, excluding gift tapes

Containers Paper (plain, waxed, or plastic coated)

Foil

Plastic or Styrofoam

Air Fresheners and Deodorizers Potpourri

Adhesives and Sealants

Cordage
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260

Commodities Excluded from FTC Jurisdiction

Term Description

FTC 

Jurisdiction

Adhesive Tape FDA-D

Alcoholic Beverages BATF

Aluminum Clothesline Plastic clothesline with a steel core CI

Antifreeze CI

Artificial Flowers and 

Parts

CI

Automotive Accessories Floor mats, seat covers, spare parts, etc. CI

Automotive Chemical 

Products

Auto polish, wax, and finish conditioner, rubbing compound, tire paint, 

chrome polish, gasoline additives, etc.

CI

Bath Oil and Bubble 

Bath

FDA-C

Bicycle Tires and Tubes CI

Books CI

Bottled Gas Cooking or heating CI

Brushes Bristle, nylon, etc., including hair-brushes, toothbrushes, hand and nail 

brushes, paint brushes, etc.

CI

Brooms and Mops Glass, floor, and dish mops, etc. CI

“Bug Proof” Shelf Paper EPA

Candle Holders Without candles CI

Cameras CI

Chinaware CI

Christmas Light Sets Replacement or other bulbs sold separately are not excluded CI

Cigarette Lighters CI

Clothespins CI

Clothing and Wearing 

Apparel

Socks, gloves, shoelaces, underwear, etc. CI

Compacts and Mirrors CI

Cosmetics 

Defined by Section 201(i) of the Food, Drug, and Cosmetic Act as 

“(l) articles intended to be rubbed, poured, sprinkled, or sprayed on, 

introduced into, or otherwise applied to the human body or any part 

thereof for cleansing, beautifying, promoting attractiveness, or altering 

the appearance, and (2) articles intended for use as a component of any 

such articles; except that such term shall not include soap.”

FDA-C

Cotton Puffs Sterilized FDA-D

Crystalware CI

Detergent Bar with Any 

Drug or Cosmetic Claim 

If the observer experiences difficulty in ascertaining whether or not a 

given product is a soap or a detergent, contact the manufacturer or FDA.

FDA-D or C

Decorative Magnets CI

Devices Defined by Section 201(h) of the Food, Drug, and Cosmetic Act as FDA-DV
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Commodities Excluded from FTC Jurisdiction

Term Description

FTC 

Jurisdiction

“instruments, apparatus, and contrivances, including their components, 

parts, and accessories, intended (1) for use in the diagnosis, cure, 

mitigation, treatment, or prevention of disease in man or other animals; 

or (2) to affect the structure or any function of the body of man or other 

animals.” This category includes trusses, syringes, arch supports, etc.

Diaries and Calendars CI

Disinfectants EPA

Drugs

Defined by Section 201(g) (1) of the Food, Drug, and Cosmetic Act as 

“(a) articles recognized in the official United States Pharmacopeia, 

official Homeopathic Pharmacopeia, or official National Formulary, or 

any supplement to any of them; and (b) articles intended for use in the 

diagnosis, cure, mitigation, treatment, or prevention of disease in man or 

other animals; and (c) articles (other than food) intended to affect the 

structure or any function of the body of man or other animals; and 

(d) articles intended for use as a component of any articles specified in 

clause (a), (b) or (c); but does not include devices or their components, 

parts, or accessories.”

FDA-D 

Durable Articles or 

Commodities CI

EPA Covered Products

Products subject to regulation under the Federal Environmental 

Pesticide Control Act that is administered by the Environmental 

Protection Agency.

EPA

Fingernail Files CI

Flowers, Flower Seeds, 

Fertilizer, and Fertilizer 

Materials, Plants or 

Shrubs, Garden and 

Lawn Supplies

CI

Food

Defined by Section 201(f) of the Food, Drug, and Cosmetic Act as 

“(1) articles used for food and drink for man or other animals, 

(2) chewing gum, and (3) articles used for components of any such 

article.”

FDA-F 

Fountain Pens, 

Mechanical Pencils, and 

Kindred Products

Ball point pens, lead pencils, and lead refills, etc. CI

Garden Tools Hoses, trowels, grass clippers, etc. CI

Germ Killing or Germ 

Proofing Products EPA

Gift Tape and Ties Ribbon, tape, etc. CI

Gift Wrapping Material Decorative wrapping foil, paper, cellophane, etc. CI

Glasses and Glassware Disposable plastic glasses are not excluded CI

Gloves (of Any Type) CI

Greeting Cards CI

Hair Combs, Nets, and FDA-DV
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Commodities Excluded from FTC Jurisdiction

Term Description

FTC 

Jurisdiction

Pins

Hand Tools CI

Handicraft and Sewing 

Thread Yarn, etc. CI

Hardware Extension cords, thumb-tacks, hose clamps, nails, screws, picture 

hangers, etc. CI

Household Appliances, 

Equipment, or 

Furnishings, Including 

Feather and Down-Filled 

Products, SyntheticFilled Bed Pillows, 

Mattress Pads and 

Patchwork Quilts, 

Comforters, and 

Decorative Curtains 

CI

Ink CI

Insecticides Insect repellents in any form, mothballs, etc. EPA

Ironing Board Covers CI

Jewelry CI

Lambs Wool Dusters CI

Luggage CI

Magnetic Recording 

Tape Reels, cassettes, and cartridges. CI

Meat and Meat Products USDA

Metal Pails CI

Motor Oil Including additives. Household multi-purpose oil is not excluded. CI

Mouse and Rat Traps CI

Mouthwash FDA-D

Musical Instruments CI

Paints and Kindred 

Products

Wallpaper, turpentine, putty, paint removers, caulking and glazing 

compounds, wood fillers, etc. Note, however, that bathroom caulking 

materials, patching plaster, spackling compound, and plastic wood are 

not excluded. In the event of uncertainty, contact FTC.

CI

Paintings and Wall 

Plaques CI

Pet Care Supplies CI

Pewterware CI

Photo Albums CI

Pictures CI

Plastic Buckets and CI
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263

Commodities Excluded from FTC Jurisdiction

Term Description

FTC 

Jurisdiction

Garbage Cans

Plastic Tablecloths, 

Plastic Place Mats CI

Plastic Shelf Lining CI

Pre-Moistened 

Towelettes FDA-C

Polishing Cloths Polishing cloths that are impregnated with polish or chemicals (silicone, 

etc.) are not excluded. CI

Poultry and Poultry

Products USDA

Rubber Gloves CI

Rubbing Alcohol FDA-D

Safety Flares CI

Safety Pins CI

Sanitary Napkins FDA-D or C

School Supplies Rulers, crayons, paper, pencils, etc. CI

Self-Stick Protective Felt 

Tabs CI

Seeds of All Kinds USDA

Sewing Accessories Needles of any type, thimbles, kindred articles, etc. CI

Shampoo FDA-C

or D

Shoelaces CI

Small Arms Ammunition CI

Silverware, Stainless 

Steelware, and 

Pewterware

CI

Smoking Pipes CI

Soap Bars with a Drug 

Claim

Including any claim for removing facial blemishes, etc. Refer to 

Detergent Bars for further discussion in this area. FDA-D 

Soap Dishes CI

Souvenirs CI

Sporting Goods CI

Stationery and Writing 

Supplies Looseleaf binders, paper tablets, etc. CI

Textiles and Items of 

Wearing Apparel Cloth laundry bags, towels, cheese cloth, shoe shine cloths, etc. CI

Tobacco and Tobacco 

Products Pipes, cigarettes, etc. BATF -USDA
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264

Commodities Excluded from FTC Jurisdiction

Term Description

FTC 

Jurisdiction

Toothpaste FDA-D

Toys CI

Typewriter Ribbon CI

Wire of Any Type CI

Woodenware CI

2.6.9. Size Descriptors for Raw, Shell-On Shrimp Products.

(L&R, 1995, p. 97)

Guideline

If size descriptor terms for shrimp (e.g., small, medium, large, or colossal) are used on packages, advertisements, or 

on signs when offering shrimp for sale from bulk, a statement of count-per-kilogram, if sold by kilogram, or countper-pound, if sold by pound, should be included adjacent to the size descriptor (e.g., medium-large, 31 to 40 shrimp 

per pound).

2.6.10. Model Guidelines for the Administrative Review Process. 

Purpose

These guidelines are provided to assist weights and measures programs in establishing an administrative review 

process. They are not intended to be the only process an agency may use nor are they intended to supersede any 

agency’s existing process. Before implementing ANY process, it should be approved by legal counsel.

These guidelines ensure that persons affected by “inspection findings” (e.g., price misrepresentations or shortweight

packages), or who are deprived of the use of their property (devices or packages placed under “stop” or “off-sale” 

order), are provided a timely-independent review of the action. The process enables affected persons to provide 

evidence which could be relevant in determining whether the enforcement action was proper. The purpose of the 

process is to ensure that a person’s ability to conduct business is not hindered by improper enforcement actions. 

This process is independent of any other action (e.g., administrative penalties, prosecutions, etc.) that may be taken 

by the enforcement agency.

Background

In the course of their work, weights and measures officials take enforcement actions that may prohibit the use of 

devices or the sale of packaged goods (e.g., “stop-sale” or “off-sale” orders for packages and “stop-use” or 

“condemnation” tags issued on devices). Improper actions (e.g., not following prescribed test procedures, enforcing 

labeling requirements on exempted packages, or incorrectly citing someone for a “violation”) place the official and 

the jurisdiction in the position of being liable for the action if it is found that the action was “illegal.” In some cases,

weights and measures jurisdictions could be ordered to pay monetary damages to compensate the affected party for 

the improper action.

This process is one way to provide affected persons an opportunity to present evidence which may be relevant in 

determining whether the order or finding has been properly made to an independent party. The procedure enables 

business operators to obtain an independent review of orders or findings so that actions affecting their business can 

be evaluated administratively instead of through litigation. This ensures timely review, which is essential because of 

the impact that such actions may have on the ability of a business to operate and in cases where perishable products 

may be lost.
Handbook 130 – 2015 NCWM Policy, Interpretations, and Guidelines

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Review Provisions

Parties affected by enforcement actions must be given the opportunity to appeal enforcement actions.

Inspectors are the primary contacts with regulated firms and thus are in the best position to ensure that the 

enforcement actions they take are “proper.” “Proper” means that inspections are conducted (1) within the scope of 

the authority granted by law, (2) according to recognized investigative or testing procedures and standards, and 

(3) that enforcement actions are lawful. The “burden” for proving that actions are “proper” falls on the weights and 

measures program, not on regulated firms.

Weights and measures officials are law enforcement officers. Therefore, they have the responsibility to exercise 

their authority within the “due process” provisions of the U.S. Constitution. As weights and measure programs 

carry-out their enforcement responsibilities in the future, more and more challenges to their actions and authority 

will occur. It is in the best interest of any program to establish strict operational procedures and standards of 

conduct to prevent the occurrence of improper actions which may place the jurisdiction in an untenable position in a 

court challenge of an enforcement action. The foundation for ensuring “proper” actions is training, clear and 

concise requirements, and adoption of, and adherence to uniform test procedures and legal procedures.

Prior to taking enforcement actions the inspector should recheck test results and determine that the information on 

which the action will be taken is accurate.

Inspections shall be conducted with the understanding that the findings will be clearly and plainly documented and 

reviewed with the store’s representative.

During the review of the findings, the firm’s representative may provide information which must be used by the 

inspector to resolve the problems and concerns before enforcement actions are taken. In some cases, the provided 

information may not persuade the inspector to forego the action. In some cases, the inspector and business 

representative may not understand the circumstances surrounding the violations, or there may be a conflict between 

the parties that they cannot resolve. In other cases, the owner or manufacturer may not learn that an enforcement 

action has occurred until long after the inspector leaves the establishment.

Steps:

1. Provide a framework that will help in resolving most of these situations where “due process” is of concern. 

Make sure that the responsible party (e.g., as declared on the package label) is notified of violations and 

receives copies of inspection reports. Establish standard operating procedures to assure the affected party 

of timely access to a representative of the weights and measures program so that the firm can provide the 

relevant information or obtain clarification of legal requirements.

2. Make the process as simple and convenient as possible. Especially in distant or rural areas where there are 

no local offices, the review should be conducted by a supervisor of the official taking the action if agreed to 

by the person filing the request for review.

3. The process should include notice that the firm can seek review at a higher level in the weights and 

measures program or an independent review by a third party. The following procedures are recommended:

(a) Any owner, distributor, packager, or retailer of a device ordered out of service, or item or commodity 

ordered “off-sale,” or inspection finding (e.g., a price misrepresentation or a shortweight lot of 

packages) shall be entitled to a timely review of such order, to a prompt, impartial, administrative 

review of such off-sale order or finding.

A notice of the right to administrative review should be included on all orders or reports of findings or 

violations and should be communicated to the responsible firm (e.g., person or firm identified on the 

product label):
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(b) The administrative review shall be conducted by an independent party designated by the Director or 

before an independent hearing officer appointed by the Department. The officer shall not be a person 

responsible for weights and measures administration or enforcement.

(c) No fees should be imposed for the administrative review process.

(d) The firm responsible for the product or the retailer may introduce any record or other relevant 

evidence.

 For example:

i. Commodities subject to the off-sale action or other findings were produced, processed, 

packaged, priced, or labeled in accordance with applicable laws, regulations or requirements.

ii. Devices subject to the “stop-use” order or “condemnation” were maintained in accordance 

with applicable laws, regulations or requirements.

iii. Prescribed test procedures or sampling plans were not followed by the inspector.

iv. Mitigating circumstances existed which should be considered.

(e) The reviewer must consider the inspector’s report, findings, and actions as well as any evidence 

introduced by the owner, distributor, packager, or retailer as part of the review process.

(f) The reviewer must provide a timely written recommendation following review unless additional time 

is agreed to by the department and the petitioner.

(g) The reviewer may recommend to the Department that an order be upheld, withdrawn or modified. If 

justified the reviewer may recommend other action including a reinspection of the device or 

commodity based upon information presented during the review.

(h) All actions should be documented and all parties advised in writing of the results of the review. The 

report of action should be detailed in that it provides the reasons for the decision.

Sample Notice

You have the right to Administrative Review of this

order or finding. To obtain a review, contact the Director

of Weights and Measures by telephone or send a written

request (either postmarked, faxed, or hand delivered) to:

(Name, Address or Fax Number of the Director or other

Designated Official)

Your request should reference any information that you

believe supports the withdrawal or modification of the

order or finding.
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2.6.11. Good Quantity Control Practices. 

Good Quantity Control Practices means that the plant managers should take all reasonable precautions to ensure the 

following quantity control standards or their equivalent are met:

1. A formal quantity control function is in place with authority to review production processes and records, 

investigate possible errors, and approve, control, or reject lots.

2. Adequate facilities (e.g., equipment, standards and work areas) for conducting quantity control functions 

are provided and maintained.

3. A quantity control program (e.g., a system of statistical process control) is in place and maintained.

4. Sampling is conducted at a frequency appropriate to the product process to ensure that the data obtained is 

representative of the production lot.

5. Production records are maintained to provide a history of the filling and net content labeling of the product.

6. Each “production lot” contains on the average the labeled quantity and the number of packages exceeding 

the specified maximum allowable variation (MAV) value in the inspection sample shall be no more than 

permitted in Tables 2-1. Class of Scale and 2-2. Acceptance Tolerances for Class of Scale Based on Test 

Load Divisions in NIST Handbook 133. 

7. Packaging practices are appropriate for specific products and measurement procedures (e.g., quantity 

sampling, density and tare determinations) and guidelines for recording and maintaining test results are 

documented.

8. Personnel responsible for quantity control follow written work instructions and are competent to perform 

their duties (e.g., background, education, experience and training). Training is conducted at sufficient 

intervals to ensure good practices.

9. Recognized procedures are used for the selection, maintenance, adjustment, and testing of filling equipment 

to insure proper fill control.

10. Weighing and measuring devices are suitable for their intended purpose, and measurement standards are 

suitable and traceable to national standards. This includes a system of equipment maintenance and 

calibration to include recordkeeping procedures.

11. Controls over automated data systems and software used in quantity control ensure that information is 

accessible, but changeable only by authorized personnel.

12. Tare materials are monitored for variation. Label changes are controlled to ensure net quantity matches 

labeled declaration.

2.6.12. Point-of-Pack Inspection Guidelines. 

A. Weights and Measures Officials’ Responsibilities. 

1. Conduct inspections during hours when the plant is normally open for business. Open the inspection by 

making contact with the plant manager or authorized representative (e.g., the quality assurance manager or 

the production manager).

2. Present the proper credentials and explain the reason for the visit (e.g., routine or follow-up inspection or 

consumer complaint).
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3. Request access to quantity measurement equipment in the packing room, moisture testing equipment in the 

laboratory or in the packing room, and product packed on premise or stored in warehouse areas.

4. Obtain permission from a plant representative prior to using a tape recorder or a camera.

5. Conduct inspection related activities in a professional and appropriate manner and, if possible, work in an 

area that will not interfere with normal activities of the establishment.

6. Abide by all the safety and sanitary requirements of the establishment and clean the work area upon 

completion of the inspection/test. Return borrowed equipment and materials.

7. To close the inspection, recheck inspection reports in detail and ascertain that all information is complete 

and correct.

8. Sample questions and tasks for Inspectors:

(a) Inside Buildings and Equipment.

i. Is all filling and associated equipment in good repair?

ii. Are net content measurement devices suitable for the purpose being used?

iii. Are standards used by the firm to verify device accuracy traceable to NIST?

(b) Packing Room Inspection.

i. Observe if the program for net quantity of content control in the packing room is actually being 

carried out.

ii. Ensure that the weighing systems are suitable and tare determination procedures are adequate. If 

there are questions regarding tare determination, weigh a representative number of tare and/or 

filled packages.

iii. For products labeled and filled by volume and then checked by weight, ensure that proper density 

is used.

(c) Warehouse Inspection.

 If an inspection is conducted:

i. Select lot(s) to be evaluated.

ii. Determine the number of samples to be inspected. Use the appropriate sampling plan as described 

in NIST Handbook 133, “Checking the Net Content of Packaged Goods.” 

iii. Randomly select the number of samples or use a mutually agreed on plan for selecting the 

samples.

iv. Determine the average net quantity of the sample and use the standard deviation factor to compute 

the Sample Error Limit (SEL) to evaluate the lot.

v. Look for individual values that exceed the applicable Maximum Allowable Variation as found in 

NIST Handbook 133.

vi. Apply moisture allowances, if applicable.
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vii. Review the general condition of the warehouse relevant to package integrity, good quantity 

control, and distribution practices.

viii. Prepare an inspection report to detail findings and actions.

9. Close the inspection - Review findings with Plant Representative.

After the inspection, meet with the management representative to discuss inspection findings and observations. 

Provide additional information as needed (e.g., information on laws and regulations or explanations of test 

procedures used in the inspection). Be informative, courteous and responsive. If problems/violations are found 

during the inspection/test, bring them to the attention of the appropriate person.

B. Plant Management Responsibilities. 

1. Recognize that inspectors are enforcing a federal, state or local law.

2. Assist the official in conducting inspection activities in a timely and efficient manner.

3. During the initial conference with the inspector, find out whether the inspection is routine, a follow-up, or 

the result of a consumer complaint. If a complaint, obtain as much information as possible concerning the 

nature of the complaint, allowing for an appropriate response.

4. The plant manager, quality assurance manager, or any designated representative should accompany the 

inspector.

5. Plant personnel should take note of the inspector’s comments during the inspection and prepare a detailed 

write-up as soon as the inspection is completed.

6. When an official presents an inspection report, discuss the observations and, if possible, provide 

explanations for any changes deemed necessary as a result of the inspection/test.

Plant Management: information that must be shared with the inspector.

1. Establishment name and address.

2. Type of firm and information on related firms or applicable information (e.g., sub-contractor, servant, or 

agent).

3. General description and location of shipping and storage areas where packaged goods intended for 

distribution are stored. 

4. Commodities manufactured by or stored at the facility.

5. Names of responsible plant officials.

Plant Management: information that may be shared with the inspector.

1. Simple flow sheet of the filling process with appropriate net content control checkpoints.

2. Weighing or measuring device maintenance and calibration test records.

3. Type of quantity control tests and methods used.

4. Net content control charts for any lot, shipment, or delivery in question or lots which have previously been 

cited.
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5. Method of date coding the product to include code interpretation.

6. Laboratory reports showing the moisture analysis of the products which are in question or have been 

previously cited.

7. Product volume of lot sizes or related information.

8. Distribution records related to a problem lots including names of customers.

2.6.13. Guideline for Verifying the Labeled Basis Weight of Communication and Other Paper. 

(L&R, 1998, p. 27)

2.6.13.1. Equipment. – Linear measure recommended in Section 5.3.1. Equipment in the third edition of NIST 

Handbook 133 “Checking the Net Contents of Packaged Goods.”

• Scale with a minimum division of 0.5 g (0.001 lb) or less.

• Scientific calculator with a sample standard deviation function.

2.6.13.2. Scope and Recommended Enforcement Approach. – Paper is manufactured in various “basis 

weights” for use in different applications (e.g., copy paper can have a basis weight of 18 or 20 lb). Basis weight 

is part of the product identity and not a declaration of net contents. This procedure is used to audit the basis 

weight declared on package labels. If the tested packages in a sample do not have an average basis weight 

equal to or greater than the labeled basis weight, the inspection lot may be in violation. A potentially violative 

lot should be placed “off-sale” until the owner provides documentation to confirm that the labeled basis weight 

corresponds to the basis weight declared by the original manufacturer. If documentation is not provided, the 

inspection lot should remain “off-sale” until the basis weight declaration is corrected.

2.6.13.3. Determine Target Net Weight for Common Types of Paper. – The basis weight of paper is the 

designated weight (measured in grams or pounds per specified area) of one ream in basic sheet size for the type 

of paper being tested. This procedure permits the confirmation of basis weight by linear measurement and 

gravimetric testing. This procedure is designed to test the various types, size, count, and basis weights of 

packaged paper currently in the marketplace. Table 1 lists the “area of basic sheet size” for common types of 

paper. A “ream” equals 500 sheets of basic sheet size for all types of paper other than tissue paper. A “ream” 

of tissue paper equals 480 sheets. Each of the standard categories of paper products shown in Table 1 has a 

different standard basic sheet size. Although there are basic sheet sizes, paper is packaged and marketed in 

various sizes and counts. The net weight of packaged paper can be determined from the label information using 

the General Formula for Sheet Paper. For roll paper, use one (1) for the sheet count.

General Formula for Sheet Paper

Where:

PA = measured area of one sheet of paper

BW = labeled basis weight

BSS = area of basic sheet size from Table 1 

SC = labeled package sheet count

TNW = target net weight of paper

2.6.13.4. Test Procedure. – The following gravimetric, measuring, and counting procedures shall be used to 

determine if packages are accurately labeled. Procedures are also provided for verifying net quantity of content 

declarations for count and dimensions (e.g., length and width.)

500

x TNW BSS

SC = PA x BW
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2.6.13.4.1. Sample Selection. – Select a sample from an inspection lot using Table 2-1 Sampling Plans of 

Category A (page A-2) in the fourth edition of NIST Handbook 133, “Checking the Net Contents of 

Packaged Goods.” Determine an average tare weight in accordance with Section 2 of the fourth edition of 

NIST Handbook 133.

2.6.13.4.2. Determine Target Net Weight of Common Types of Paper Packaged in Various Sizes or 

Counts. 

Verify the basis weight declared on a package using the following gravimetric procedure:

a. Record the following information from the package label on a worksheet. (See Figure 1 for a 

sample label.)

1. Type of Paper (TP)

2. Length (L)

3. Width (W)

4. Package Sheet Count (PSC)

5. Basis Weight (BW)

6. Basic Size Sheet (BSS)

b. Compute the Target Net Weight (TNW) for the sample packages using the General Formula for 

Sheet Paper. TNW is what the paper should weigh if the labeled properties of the packaged paper 

are accurate.)

c. Determine the average net weight of the sample packages. (Do not use sample error limit 

calculations.) If the average net weight is not equal to or more than the Target Net Weight, go to 

Section 2.6.14.3. to determine if the labeled basis weight (BW) is correct. If the average net 

weight is equal to or more than the labeled basis weight, the sample passes.

Basis Weight Worksheet (see Figure 1)

Type of Paper (TP): Copy Paper

Length (L): 11 in 

Width (W): 81⁄2 in

Area (PA) of Sheet (L×W): 93.5 in2

Package Sheet Count (PSC): 500

Basis Weight (BW): 20 lb

Basic Sheet Size (BSS): 17 in × 22 in

Area of BSS from Table 1 or 374 in2 

 by calculation:

Use the General Formula to compute Target 

Net Weight (TNW):

Target Net Weight (TNW) = 5 lb

NOTE: Three factors will cause actual sample weights to differ from the TNW:

Actual sheet count in package

Actual basis weight of paper being tested

Actual dimensions of the paper being tested

Example

White Copy Paper

75 g/m2 (20 lb) Bond

Size: 216 mm × 279 mm (81⁄2 in × 11 in)

Count: 500 Sheets

x lb

in

in x lb 5

500

500

 374

) 20 5.93( 2

2

=

Figure 1. Sample Label
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2.6.13.4.3. Determine Basis Weight. 

This procedure is used to identify potentially violative packages. If the Average Basis Weight (ABW) for 

the sample determined by this procedure is not equal to or greater than the labeled basis weight, other steps 

must be taken. Moisture affects the weight of paper, but the moisture content of paper can only be 

determined in a measurement laboratory according to the Technical Association of the Pulp and Paper 

Industry (TAPPI) (URL: www.tappi.org/) TAPPI – T410 om-08, “Grammage of Paper and Paperboard 

(Weight per Unit Area).”

a. Verify the basis weight for each package according to the following steps:

i. Identify the paper type from Column 1 in Table 1 and record the area for the paper type from 

Column 2. 

ii. Select a sample of paper from each of the tare sample packages. Use a sample of exact count 

to eliminate the possibility that the packages are short count.

- For packages with more than 100 sheets, use 100 sheets; or

- For packages with 100 sheets or less, verify the sheet count and use all of the sheets.

iii. Use a basis weight work sheet and determine the number of basic size sheets the paper sample 

represents with the following formula:

Where:

A = area of basic sheet size from Table 1 

PA = area (l x w) of one sheet of paper

EC = exact sheet count of sample

ENBSS = equivalent number of basic size sheets

iv. Determine the average basis weight,

Where:

BW = basis weight for each package

ABW = average basis weight

ENBSS = equivalent number of basic size sheets from step iii

NW = net weight of sample

RC = Ream Count (500; for tissue paper, use 480)

v. Repeat this step for each paper package from the tare sample and average the basis weights to 

obtain an Average Basis Weight (ABW). If the ABW is less than the labeled basis weight, or 

if the difference between the basis weight of the sample packages is more than 1 scale 

division, measure and compute the basis weight for each of the remaining packages.

vi. Weigh each sample. If the basis weight from step iv is less than the labeled basis weight, recalculate the target net weight by using the general formula for sheet paper.

x EC ENBSS A = PA
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Table 1. Common Types of Paper and Area of Basic Sheet Size

Paper Type Area

Bond, Ledger, Thin, Writing, and 

Track Feed Printer Paper 2412 cm2 (374 in2

) 

Manuscript Cover 3599 cm2 (558 in2)

Blotting 2941 cm2 (456 in2)

Cover 3354 cm2 (520 in2)

Blanks 3974 cm2 (616 in2)

Printing Bristols 4135 cm2 (641 in2)

Wrapping, Tissue, Waxed, Newsprint 

and Tag Stock 5574 cm2 (864 in2

) 

Book, Offset, and Text 6129 cm2 (950 in2)

Index Bristol 5019 cm2 (778 in2)

vii. Use the target net weight computed in step vi and re-weigh the inspection lot samples using 

the Section 2. of the fourth edition of NIST Handbook 133. If inspection sample weights 

differ from the target net weight computed using the average basis weight determined in vi, 

the label sheet count is probably inaccurate.

b. Verify the label sheet count by counting the number of sheets in each package.

c. Verify sheet dimensions (length x width) for each package of the sample.

BW

ENBSS

NW x RC = 

2.6.13.4.3.1. Other Types of Packaged Paper. 

1. Roll Paper. – When testing rolled paper, cut a length of paper from the roll equal to 9350 

divided by the width of the paper in inches. Make sure the ends of this length of paper are 

square. Proceed to section 2.6.14.3. step a. Disregard the exact sheet count in step iii.

2. Continuous Track Feed Printer Paper:

i. Count out a sample of 100 sheets from each tare sample package of the inspection lot.

ii. Weigh each 100 sheet sample and record the weights.

iii. Calculate an average weight.

iv. Remove printer track feed strips from each sample.

v. Re-weigh each sample after the tractor feed has been removed and record the weights.

vi. Calculate an average weight from step v.

vii. Calculate percentage (%) difference in the average weights in steps iii and vi.
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viii. After the track feed strips have been removed, use the samples to verify the basis weight 

for the packages of the inspection lot using the formula in 2.6.14.2. If the basis weight is 

less than the labeled basis weight, refer to 2.6.13.2.

ix. If the basis weight established in step viii is the same as the labeled basis weight, weigh 

the remaining packages from the sample and compare the actual net weights with the 

TNW. (Remember to adjust the TNW up by the percentage established in step vii.)

x. If the adjusted weights of the remaining samples is less than the TNW, the deficiency 

may have been caused by:

a. the sheet count in the package.

b. the basis weight of the paper.

c. the dimensions of the paper.

d. combinations of the above.

This procedure is for use in verifying that the basis weight included in a statement of 

identity is not misleading or deceptive. It is not intended to be used as the final criterion 

on which enforcement action is taken. Instead, the test procedure is only used to identify 

potentially volatile lots. There are two alternative actions that can be taken if the test 

results indicate that a lot is potentially volatile. The first is to review the documentation 

supplied by the original manufacturer to the converter to determine if any 

misrepresentation has occurred. The second is to collect packages of the paper and test 

them according to the latest version of ASTM International Method D646 for 

“Grammage of Paper and Paperboard.”

2.6.14. Labeling Guidelines for Chamois. 

(L&R, 1999, p. L&R-25)

These requirements are based on the Uniform Packaging and Labeling Regulation in the 1999 edition of NIST 

Handbook 130, “Uniform Laws and Regulations” and regulations and guidelines of the Federal Trade Commission.

General

The following information must be declared on the principal display panel of the chamois package. The principal 

display panel is the tag, or label that consumers can examine under normal and customary conditions of display.

• Identity - what the package contains

• Net Quantity of Contents - how many items the package contains and the area of the item(s)

The following information may appear anywhere on the package.

• Responsibility – the party responsible for packaging or distributing the product.

2.6.14.1. Declaration of Identity. – Chamois is a natural product made of sheepskin which has been oil 

tanned. In 1964, the FTC issued an advisory opinion stating that using the word “chamois” on a product (e.g., 

“Artificial” Chamois, “Synthetic” Chamois, “Pig Chamois” or “Man Made” Chamois) that is not made from oil 

tanned sheepskin is unlawful and deceptive. Packages are required to declare identity in terms of:

i. the name specified in or required by any applicable federal or state law or regulation or, in the 

absence of this,
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ii. the common or usual name or, in the absence of this,

iii. the generic name or other appropriate description, including a statement of function.

Example: 

Chamois, Natural Chamois Leather

2.6.14.2. Declaration of Net Quantity of Contents. – The following information is required to appear on the 

lower 30 % of the principal display panel of all packages:

Count

• The package must include a count declaration (e.g., 1 Chamois) unless the statement of identity clearly 

expresses the fact that only one unit is contained in the package. A package containing two or more 

units shall bear a statement in terms of count (e.g., 2 Chamois).

Area

• Chamois packages must have area declarations in both U.S. customary and metric units.

Metric

• For areas that measure less than 1 m2

, the area shall be stated in square decimeters and decimal 

fractions of a square decimeter or in square centimeters and decimal fractions of a square centimeter;

• For areas that measure 1 m2 or more, the area shall be stated in square meters and decimal fractions to 

not more than three places.

To facilitate value comparison and simplify the measurement process, chamois should be measured in one 

quarter square foot (2.322 57 decimeter) increments. Dimensions should be rounded down to avoid overstating 

the area.

For example: 2 square feet (18.5 square decimeters) or 2 ft2 (18.5 dm2

) 

Conversion Factors:

1 ft2 = 9.290 30 dm2

1 in2 = 6.451 6 cm2

1 yd2 = 83.612 7 dm2

U.S. Customary Units

• For areas that are less than 1 ft2 (929 cm2

), the area declaration shall be expressed in square inches and 

fractions of square inches;

• For areas of 1 ft2 (929 cm2

), or more, but less than 4 ft2 (37.1 dm2), the area shall be expressed in 

square feet with any remainder expressed in square inches or in fractions of a square foot;

• For areas of 4 ft2 (37.1 dm2

) or more, the area should be expressed in terms of the largest whole unit 

(e.g., square yards, square yards and square feet, or square feet) with any remainder expressed in 

square inches and fractions of a square inch or in fractions of the square foot or square yard.

Chamois labeled for retail sale is exempt from these requirements if (a) the area of a full skin is expressed in 

terms of square feet with any remainder in terms of the common or decimal fraction of the square foot 
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(929 cm2

), or (b) the area for cut skins of any configuration is expressed in terms of square inches and fractions 

thereof. Where the area of a cut skin is at least one square foot (929 cm2

) or more, the statement of square 

inches shall be followed in parentheses by a declaration in square feet with any remainder in terms of square 

inches or common or decimal fractions of the square foot.

Prohibited Labeling Practices

• Do not use qualifying terms or phrases (e.g., “Approximate Size,” “Size when Wet,” “Up to 20 % 

Larger When Wet”).

• Do not use unacceptable symbols (e.g., using (") as a symbol for inches is not acceptable).

2.6.14.3. Declaration of Responsibility. – The name and address of the manufacturer, packer, or distributor 

must be conspicuously specified on the label of any package that is kept, offered, exposed for sale, or sold 

anywhere other than the premises where packed. The name shall be the actual corporate name, or, when not 

incorporated, the name under which the company does business. This declaration does not have to appear on 

the principal display panel.

For example:

Chamois Tanning Company

8190 Main Road

Tarpon Springs, FL 34568

The address shall include street address, city, state (or country if outside the United States), and ZIP Code (or 

the postal code, if any, used in countries other than the United States); however, the street address may be 

omitted if it is shown in a current city directory or telephone directory.

Sample Labels

1. If one natural chamois is in a see through package, the following label would be acceptable:

Natural Chamois Leather

Distributed by:

Chamois Leather Co.

8190 Main Road

Tarpon Springs, FL 34568

7 ft2 (65 dm2)

2. The next sample would apply if one chamois is in a package and the statement of identity does not clearly 

express the fact the package only contains one unit.

Chamois

Chamois Leather Company

8190 Main Road

Tarpon Springs, FL 34568

One Chamois

3 ft2 (27.8 dm2)
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2.6.15. Labeling Guidelines for Natural and Synthetic Sponges. 

(L&R, 1999, p. L&R-31)

These requirements are based on the Uniform Packaging and Labeling Regulation in NIST Handbook 130, 

“Uniform Laws and Regulations” and regulations and guidelines of the Federal Trade Commission. All indicated 

dimensions and conversions from metric to U.S. customary units are approximate only and are used for illustration 

purposes only.

General

The following information must be declared on the principal display panel (PDP) of a package of sponge(s). The 

PDP is the part of label (or package) most likely to be displayed, presented, shown to or examined by consumers. A 

tag or spot label may be used.

• Identity – what the package contains

• Net Quantity of Contents – how many items in the package and the dimensions of the item(s)

The following information may appear anywhere on the package.

• Responsibility – the name of the processor or distributor

2.6.15.1. Declaration of Identity. 

a. A declaration of identity that clearly describes the origin and other relevant information about the 

sponge must appear on the label of each package. The identity of a sponge must include information 

about its origin (i.e., is it a natural or synthetic sponge). The identity shall be in terms of (i) the name 

specified in or required by applicable federal or state law or regulation, or (ii) the common or usual 

name, or (iii) the generic name or other appropriate description.

For example:

Sea Wool Sponge, Rock Island Sponge, Sea Grass Sponge, Sea Yellow Sponge, or Atlantic Silk 

Sponge

• Origin - Natural or Synthetic

• For natural sponges, the label must specify if they are “Cut” or “Form.” “Cut” sponges are those 

that have been cut into halves, quarters, or fourths while “forms” are whole sponges.

• For natural sponges, indicate type of sponge (e.g., “silk,” “seawool,” or “yellow”)

b. Identifiers

• Terms which indicate locations of origin on some natural sponges (e.g., “Atlantic Sea Sponge”) 

are permitted to be used for identification if they accurately describe the source of the sponge.

• Use of terms that may be interpreted by consumers to imply quality, durability, or “expert” 

endorsement (e.g., “professional quality sponge”) are permitted as identifiers if they are not 

misleading. However, terms that imply quality should be used with care if they are not based on a 

recognized grading system. Use of terms to describe sponge texture such as “fine,” “medium,” or 

“coarse” are acceptable.

2.6.15.2. Declaration of Net Quantity of Contents. – The following information must appear on the lower 

30 % of the principal display panel of all packages:
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• Count

The package must include a count declaration (e.g., 1 sponge) unless the statement of identity clearly 

expresses the fact that only one unit is contained in the package. A package containing two or more 

units shall bear a statement in terms of count (e.g., 2 sponges).

• Dimensions

The package must include the dimensions of the sponges in inches and centimeters.

To facilitate value comparison and simplify the 

measurement process, sponges should be measured 

in 1⁄2 in (1 cm) increments. Dimensions should be 

rounded down to avoid overstating the size of a 

sponge.

For example:

6 in, 61⁄2 in, and 7 in for inch declarations;

15 cm, 16 cm, and 17 cm for metric declarations

Silk Sponges

• Synthetic sponges: the dimensions shall include length x width x height (thickness). Either unit of 

measure can be the primary declaration (e.g., the metric or U.S. customary units can be presented first).

1 Sponge 17 x 10 x 5 cm (7 x 4 x 2 in)

• Natural sponges: the declaration shall be a single measurement representing the maximum dimension 

of one axis of a sponge that is passed through a circular template. When measured, the sponge is 

“classified” as a specific size when at least three (including two opposing) points of the sponge touch 

the template (e.g., see graphic on the following page where the sample sponge is designated as a 7 in 

[17 cm] sponge).

As the following pictures show, natural sponges are irregular in size and shape and have traditionally been 

measured using this procedure. It is difficult to develop a meaningful or cost effective measurement 

process that would provide a means of direct comparison between synthetic and natural sponges based on 

dimensions. Requiring declarations, such as average height, length, or width of natural sponge procedures 

would increase the costs for industry and consumers.

Sea Wool Sponges Sea Grass Sponges
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This graphic illustrates an irregular form of a natural sponge passing through a 17 cm (7 in) template and 

touching at least two opposite points. This sponge could be labeled 7 in.

• For banana sponges the size will be determined as shown below. This sponge is 17 cm (7 in).

Good Measurement Practice

• Dimensions are determined with the sponge wet.

• Measuring templates (see photo below for the currently used type templates):
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- should be constructed of rigid metal or plastic material.

- circular openings should graduate in increments of 

one-half inch (one centimeter). 

- The error in the circular openings shall not be greater than 

± 1

/32 in (± 0.79 mm) as specified in Table 2. Tolerances in 

Section 5.52. Linear Measures of NIST Handbook 44

“Specifications, Tolerances, and Technical Requirements 

for Weighing and Measuring Devices.”

Prohibited Labeling Practices

• Stating country of origin declarations that are not accurate.

• Declaring ranges of dimensions (e.g., 4′′- 5′′ in) or using terms such as “half or semi form” instead of 

either “cut” or “form.”

• Using qualifying terms. (e.g., “Wet Size,” “Approximate” or “Jumbo”)

• “Anti-bacterial” claims must meet EPA requirements.

• Using type size that does not meet minimum height requirements.

• Using unacceptable symbols (e.g., using (") as a symbol for inches is not acceptable). 

2.6.15.3. Declaration of Responsibility. – The name and address of the processor or distributor must be 

specified on the label of any package that is kept, offered, or exposed for sale, or sold anywhere other than the 

premises where packed. The name shall be the actual corporate name or, when not incorporated, the name 

under which the business is conducted. 

For example:

Processed by

Argonaut Sponge Company

8190 Main Road

Tarpon Springs, Florida 34568
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The address shall include street address, city, state (or country if outside the United States), and ZIP Code (or 

the postal code, if any, used in countries other than the United States); however, the street address may be 

omitted if this is shown in a current city directory or telephone directory.

Sample Labels

Yellow Sponge Cut

Argonaut Sponge Company

8190 Main Road

Tarpon Springs, FL 34568

One - 17.5 cm (7 in)

If a natural sponge is in a box, carton, or package that 

does not permit consumers to see how many sponges are 

in the box, the package must include a count declaration 

(e.g., 1 sponge) unless the statement of identity clearly 

expresses the fact that only one unit is contained in the 

package. A package containing two or more units shall 

bear a statement in terms of count (e.g., 2 sponges). The 

following sample label would apply.

Synthetic Sponge

Made by:

Argonaut Sponge Company

8190 Main Road

Tarpon Springs, FL 34568

17.7 x 10 x 5 cm (7 x 4 x 2 in)

Synthetic Sponge

Made by:

Argonaut Sponge Company

8190 Main Road

Tarpon Springs, FL 34568

1 - Sponge 17.7 cm x 10 x 5 cm (7 in x 4 in x 2 in)

If a package does not permit the consumer to see how many sponges are the box, it must include a count 

declaration (e.g., 1 sponge) unless the statement of identity clearly expresses the fact that only one unit is 

contained in the package. A package containing two or more units shall bear a statement in terms of count (e.g., 

2 sponges). A transparent bag of small pieces of sponge may be sold on the basis of count if the words 

“Irregular Dimensions” appear in conjunction with the declaration of count (e.g., 10 Sponges - Irregular 

Dimensions).

2.6.16. Minimum Fuel Flush for Octane Verification. 

(L&R, 2000, p. L&R-13)

A minimum of 1.2 L (0.3 gal) of motor fuel shall be flushed from a dispenser before taking a sample for octane 

verification. The flush shall be returned to the storage tank containing the lowest octane.
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