Inside this Issue

Special and Unclassifed Equipment 1

Event Calendar 2

Weights and Measures in the News 6

Training at NEWMA and CWMA 5

Weights 

and 

Measures 

Historical Moment 

DID YOU KNOW?

Recorded in the first report of the First Conference on Weights and Measures of the

United States in 1905 was an Act passed by

Congress and approved on June 14, 1836.

This act:

Resolved by the Senate and House of

Representatives of the United States

of America in Congress assembled,

That the Secretary of the Treasury be,

and he hereby is, directed to cause a

complete set of all weights and measures adopted as standards and now

either made or in progress of manufacture for use of several customhouses, and for other purposes, be

delivered to the governor of each

State in the Union, or such person as

he may appoint for the use of the

States, respectively, to the end that a

uniform standard of weights and

measures may be established

throughout the United States. 

1

Volume 5 Issue 2

March 31, 2014

Special and Unclassified

Equipment 

APPLYING NIST HANDBOOK 44 TO NEW TECHNOLOGIES

OR APPLICATIONS

By Tina G. Butcher, NIST OWM

In today’s rapidly changing marketplace, it isn’t unusual for a field official or

service person to encounter new and different types of commercial weighing

or measuring devices or to find existing device types used in new applications.

Determining what requirements in NIST Handbook 44 (HB 44), Specifications,

Tolerances, and Other Technical Requirements for Weighing and Measuring

Devices, apply to these devices can be a challenge for officials, service personnel, and device owners alike. These determinations can be equally difficult for manufacturers and entrepreneurs trying to enter the commercial

market in an application that involves assessing charges based on measurements. A particular challenge arises when there isn’t a specific code (or set

of requirements) in HB 44 to address the device or its application. A common

misconception is that, if there isn’t a specific code in HB 44 for a new type of

device or a new application, HB 44 cannot be applied and the device cannot,

therefore, be used. While the ultimate authority for determining whether or

not a weighing or measuring device can be used in a given application rests

with regulatory weights and measures officials, HB 44 does include provisions

that allow equipment to be evaluated to ensure it is adequate and appropriate for use in making commercial measurements – even if a specific device

code has yet to be developed to address the application in which the device

is used. This article provides guidance to weights and measures officials for

applying and interpreting the provisions of HB 44 to new types and applications of commercial weighing and measuring devices.

The General Code.

The process of assessing which requirements apply to commercial weighing

or measuring devices using new technology or applications begins much the

same way as for a routine inspection. The inspector must first determine

which “codes” in HB 44 apply. At the beginning of each “Code” in HB 44, an

“Application” section defines the specific device types and applications that

are covered by that code.

One such paragraph in Section 1.10. General Code, G-A.2. Code Application,

stipulates that all devices covered by HB 44 must comply with the General

Code.

G-A.2. Code Application. – This General Code shall apply to all classes
W&M Connection 2 Volume 5 Issue 2

HAVE YOU CHECKED OUT THE TRAINING CALENDAR?

of devices as covered in the specific codes. The specific code requirements supersede General Code requirements in all cases of conflict.

Thus, whether the device is using new or existing technology or is being used

in a new or conventional application, the provisions of the General Code can

be applied. Requirements in the General Code are typically broad and rather

“general” in nature – hence, the title of the code. These requirements lay

out somewhat “universal” provisions to help ensure that equipment is designed, used, and maintained so that indications provided by a commercial

weighing or measuring device are clear and understandable; measurements

are sufficiently accurate; and equipment is selected, installed, maintained,

and operated in such a way that details of the weighing or measuring transaction are clear and understandable to both buyer and seller.

Specific Codes.

The General Code is supplemented by “specific” device codes, which address

requirements directed more specifically to a given device type or application

and which include requirements such as accuracy, testing, and use that are

appropriate to the application. These specific codes are intended to be used

in conjunction with the General Code as referenced in G-A.2. above. Like the

General Code, each specific device code includes an “Application” Section,

which includes paragraphs defining which types of devices are covered by

the code and which types are not. A challenge for new technologies and applications comes when the inspector realizes that no specific code “fits” and

that some codes may even exclude the device or its application.

When a Specific Code Doesn’t “Fit.” 

While most weighing and measuring devices encountered by an inspector

are adequately covered by existing specific codes, some devices are not. One

example is when a commonly used weighing or measuring device is used in

a different application or business or the device is being used in a different

way. Another example is when a code exists for the weighing or measuring

application where a device is being used, but the device type uses a new technology that was not envisioned when the applicable code was developed;

such as, using automatic weighing systems in shipping applications or using

GPS to determine charges for distance traveled. In either example, existing

codes may not be adequate to address the device or its application.

Some device manufacturers or users mistakenly believe that the inspector

cannot apply the provisions of HB 44 to these devices. Likewise, some inspectors erroneously believe that the use of the device cannot be permitted

until specific requirements are developed. While the final determination that

the device is appropriate for commercial use rests with the weights and measures authority, HB 44 provisions assist with these determinations.

A commonly overlooked requirement found in the General Code is particularly useful in these instances. Paragraph G-A.3. Special and Unclassified

Equipment, recognizes that new device types and applications are inevitable

in the commercial marketplace.

Calendar 2014

Registration for training in the NIST Office of

Weights and Measures is handled by Yvonne

Branden at yvonne.branden@nist.gov.

Course descriptions can be viewed on the Office of Weights and Measures website at

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

and clicking on the name of the course. 

April 7 - 11 (5 day)

HB 130 Packaging and Labeling

Class No. 5300

Arcadia, CA

April 8 - 10 (3 days)

Train the Trainer

Class No. 5305

NIST/Gaithersburg, MD

April 17

Webinar - Proficiency Testing Follow-up Actions and

Root Cause Analysis

2:00 p.m. - 4 p.m.

Class No. 5306

April 28 - May 9 (2 weeks)

Mass Metrology Seminar

Class No. 5290

NIST/Gaithersburg, MD

May 5 - 8 (4 days)

Northeastern Weights and Measures Association

(NEWMA) - Annual Meeting

Manchester, NH

Contact: James Cassidy at

jcassidy@cambridgema.gov

May 7

NIST Training at the Northeastern Weights and

Measures Association (NEWMA) Annual Meeting

Evaluating Performance, Learning Objectives, and

Training Effectiveness for Managers

Class No. 5308

Manchester, NH

May 19 - 22 (4 days)

Central Weights and Measures Association

(CWMA) Annual Meeting

St. Louis, MO

Contact: Sherry Turvey at 

sherry.turvey@kda.ks.gov

NIST Training at the Central Weights and Measures

Association (CWMA) Annual Meeting

Evaluating Performance, Learning Objectives, and

Training Effectiveness for Managers

Class No. 5310

St. Louis, MO

(continued on pg 3)
W&M Connection 3 Volume 5 Issue 2

June 2

Webinar - NISTIR 6969 - SOP 8, Part 1

10:00 a.m. to 12:00 p.m.

Class No. 5315

June 2

Webinar - Calibration Method Validation

2:00 p.m. - 4:00 p.m.

Class No. 5317

June 2 - 6 (5 days)

Liquefied Petroleum Gas Liquid-Measuring Devices

Instructor Training

Class No. 5314

Las Cruces, NM

June 3

Webinar - NISTIR 7383 - SOP 18, Part 1

10:00 a.m. - 12:00 p.m.

Class No. 5319

Webinar - Software Verification and Validation

2:00 p.m. - 4:00 p.m.

Class No. 5318

June 4

Webinar - NISTIR 6969 - SOP 8, Part 2

2:00 p.m. - 4:00 p.m.

Class No. 5316

June 5

Webinar - Conducting an Effective Management

Review

10:00 a.m. - 12:00 p.m.

Class No. 5321

Webinar - NISTIR 7383 - SOP 18, Part 2

2:00 p.m. - 4:00 p.m.

Class No. 5320

June 6

Webinar - Uncertainty Budgets for SOP 14

10:00 a.m. - 12:00 p.m.

Class No. 5322

June 9 - 13 (5 days)

HB 133, Basic - Checking the Net Contents of Packaged Goods

Class No. 5304

Williamston, MI

June 9 - 13 (5 days)

Laboratory Administration

Class No. 5291

NIST/Gaithersburg, MD

June 25 - 26 (2 days)

HB 130 - Price Verification

Class No. 5325

Hartford, CT

July 13 - 17 (5 days)

National Conference on Weights and Measures -

Annual Meeting

Detroit, MI

Contact: info@ncwm.net

(continued on pg 4)

G-A.3. Special and Unclassified Equipment. – Insofar as they are

clearly appropriate, the requirements and provisions of the General

Code and of specific codes apply to equipment failing, by reason of special design or otherwise, to fall clearly within one of the particular

equipment classes for which separate codes have been established.

With respect to such equipment, code requirements and provisions

shall be applied with due regard to the design, intended purpose, and

conditions of use of the equipment.

This statement (or some variation of it) has been included in each edition of

HB 44 since it was originally published in 1949, and a similar reference can

even be found in the precursors to HB 44 as far back as 1937 (in NBS Handbook H 22).

When an inspector finds that a device does not fall under or is not adequately

covered by a specific code, paragraph G-A.3. allows the inspector to draw

upon other device codes to find requirements that best fit the device and its

application. For example, in 1992, when requirements and procedures for

“on-board weighing systems” were being developed, the National Conference

on Weights and Measures (NCWM) Specifications and Tolerances Committee

referenced paragraph G-A.3. with regard to assessing these systems; while

these weighing devices would seem to fit best under the Scales Code, the tolerances, test procedures, and other requirements specified in that code at

the time didn’t quite fit the application. Modifications were later made to

include more specific requirements for these devices, but paragraph G-A.3.

provided the mechanism through which these devices could be addressed in

the meantime.

In some cases, a new feature on a device may not be adequately covered.

For example, in jurisdictions where temperature compensated sales of petroleum product is permitted, jurisdictions might use paragraph G-A.3. as a

basis for borrowing from codes that have specific requirements and procedures for devices equipped with temperature compensation features to assess a device covered by a code that has no such requirements. 

In some cases, the inspector may find it necessary to reference more than

one specific code in addition to the General Code. Paragraph G-A.3. provides

the flexibility needed to allow new and innovative devices and applications

while helping to ensure that the device and its application are appropriate in

design, adequate in amount, and clear and understandable to all parties when

used in a commercial transaction.

Applying G-A.3.

When applying this paragraph, the inspector should consider factors including, but not limited to, the following:

Are the features on the device being tested similar to those found in a

specific code?

• For example, if the device is equipped with a printer, might requirements from the Scales Code that prohibit printing while the scale is

in motion or requirements from the Liquid-Measuring Devices Code

regarding information that must be on the printed receipt be appropriate?
W&M Connection 4 Volume 5 Issue 2

How will the weighing or measuring process take place?

• For example, if the device weighs dynamically, perhaps test procedures and associated criteria for other dynamic weighing devices such

as in-motion railway scales or belt conveyor scale systems might be

used as a basis for identifying testing requirements for the new device. Or consider how changes were made to the Automatic Weighing

Systems Code (which was originally designed to address dynamic

weighing in food packaging applications) to include dynamic scales

used in shipping applications.

What kind of commodities are weighed or measured by the device?

• For example, if the device is measuring a liquefied gas, are there requirements in the LPG Code that might be used?

How is the device intended to be used? Are the measurements made

by the device used in the same way as that covered by another code?

• For example, if the device is being used to assess charges for transporting goods or people, what provisions of the taximeters code or

the odometers code can be used?

Will customers typically be present during the weighing or measuring

operation?

• If not, might requirements for unattended weighing devices or vehicle-tank meters that ensure full disclosure to the customer be applied? If so, might provisions for indicating and recording elements

from the Scales or Liquid-Measuring Devices Codes be used?

When new technology is being used, the expectation is that the new technology will provide at least as good as or better accuracy than existing technologies. Likewise, as specified in many General Code paragraphs, there is

an expectation that the use of the device will result in clear and transparent

measurement transactions. Indications must be clear and understandable;

measurements must be within the accuracy required by similar applications;

details of the measurement process and the transaction should be understandable and easy to follow for consumers and operators alike; and the device and its application must not facilitate fraud. The User Requirements in

the General Code will apply to most devices and provide additional requirements to ensure proper selection and use.

Developing New Requirements.

Paragraph G-A.3. is very useful in allowing devices to enter the marketplace;

however, except for instances where the new device type or application is a

unique, one-time scenario, the paragraph is intended only to serve as an interim measure until specific requirements can be developed and agreed upon

by the weights and measures community. Because the application of paragraph G-A.3. allows the inspector to select from amongst many different

codes in HB 44, long-term use can lead to non-uniformity since individual inspectors from different jurisdictions may understandably assess and interpret

the applicable requirements differently. It is in the interest of the device manufacturer, the device user, and the inspector to develop specific requirements

as quickly as possible. Thus, when inspectors encounter multiple instances

of a new device type or application, proposals should be developed by the

manufacturer or jurisdiction and submitted through the HB 44 development

July 28 - 31 (4 days)

NCSLI Conference 2014

Orlando, FL

Contact: info@ncsli.org

August 11 - 15 (5 days)

HB 133, Basic - Checking the Net Contents of Packaged Goods

Class No. 5313

Little Rock, AR

August 14

Webinar - Calibration Certificate Evaluation

2:00 p.m. - 4 p.m.

Class No. 5292

August 18 - 22 (5 days)

Volume Metrology Seminar

Class No. 5293

NIST/Gaithersburg, MD

August 20 - 21 (2 days)

NTEP Grain Analyzer Sector Meeting

Kansas City, MO

Contact: info@ncwm.net

August 21

Webinar - Contract Review

2:00 p.m. - 4 p.m.

Class No. 5301

August 26 - 28 (3 days)

NTEP Joint Meeting of:

Weighing Sector (Aug. 26 - 27) (2 days)

& Software Sector (Aug. 27 - 28) (2 days)

Atlanta, GA

Contact: info@ncwm.net

August 28

Webinar - Document Control and Record Keeping

2:00 p.m. - 4 00 p.m.

Class No. 5299

September 8 - 11

Central Weights and Measures Association

(CWMA) Interim Meeting

St. Charles, Missouri

Contact: info@ncwm.net

September 8 - 19 (2 weeks)

Mass Metrology Seminar

Class No. 5297

NIST/Gaithersburg, MD

September 11

Webinar - Conducting an Effective Management

Review

2:00 p.m. - 4:00 p.m.

Class No. 5295

September 14 - 18 (5 days)

Western Weights and Measures Association 

(WWMA) Annual Meeting

Portland, OR

Contact: Brett Saum at bsaum@co.slo.ca.us

(continued on pg 6)
W&M Connection 5 Volume 5 Issue 2

NIST TRAINING

AT

CWMA--EVALUATING PERFORMANCE, 

LEARNING OBJECTIVES AND TRAINING

EFFECTIVENESS

FOR MANAGERS

WHEN: Thursday, May 22, 2014; 10:00 a.m. to 3:00 p.m.

WHERE: CWMA Meeting, St. Louis Missouri

CLASS No.: 5310

REGISTRATION DEADLINE: Friday, May 2, 2014

REGISTER HERE: https://tsapps.nist.gov/WMD/

ADDITIONAL INFORMATION HERE: 

http://www.nist.gov/pml/wmd/5310.cfm 

process to modify HB 44. Depending on the device and the extent of its differences, this might take the form of an entirely

new code or perhaps simple modifications to select sections of an existing code.

Summary.

In summary, HB 44 includes adequate provisions for enabling new and different device types and applications to enter the

commercial marketplace, while ensuring that measurement operations are clear, understandable, and do not facilitate

fraud. Weights and measures jurisdictions have the ultimate authority for determining whether or not a new device or application is suitable for use in commercial weighing or measuring applications. The provisions of the General Code and

paragraph G-A.3. Special and Unclassified Equipment can be used to identify requirements that are appropriate for the device. While G-A.3. is no replacement for specific, focused requirements, it can be invaluable in enabling new technologies

and applications to enter the marketplace until such time that more specific requirements or a new code is developed.

For questions or comments, please contact Tina G. Butcher, NIST Office of Weights and Measures, by telephone at

(301) 975-2196 or by e-mail at: tbutcher@nist.gov.

NIST TRAINING

AT

NEWMA--EVALUATING PERFORMANCE, 

LEARNING OBJECTIVES AND TRAINING

EFFECTIVENESS

FOR MANAGERS

WHEN: Wednesday, May 7, 2014; 8:30 a.m. to 12:30 p.m.

WHERE: NEWMA Meeting, Manchester, New Hampshire

CLASS No.: 5308

REGISTRATION DEADLINE: Friday, April 18, 2014

REGISTER HERE: https://tsapps.nist.gov/WMD/

ADDITIONAL INFORMATION HERE:

http://www.nist.gov/pml/wmd/5308.cfm

OFFICE OF WEIGHTS AND MEASURES

General Inquries: (301) 975-4004; e-mail: owm@nist.gov

Office Chief, Carol Hockert: e-mail: carol.hockert@nist.gov

Newsletter Editor: Linda Crown; (301) 975-3998; e-mail: linda.crown@nist.gov

&

Purpose: This half day session will explore the role of the manager in ensuring effective training and implementation on the job for

performance improvements.

Learning Objectives: At the end of this half day session, using notes, provided resources, and insights from other participants in

the class, participants will be able to:

• Clarify your role as a manager in ensuring successful and effective application of employee training;

• Evaluate and match learning objectives to employee performance requirements; 

• Identify and evaluate tools for evaluating the effectiveness of staff training; and

• Identify applicable methods to assess student learning after the training event."

Audience: Training managers and supervisors who want to evaluate training effectiveness.

NIST Database Contact: Isabel Chavez at isabel.chavez@nist.gov, (301) 975-2128
W&M Connection 6 Volume 5 Issue 2

October 4 - 8 (5 days)

Southern Weights and Measures Association

(SWMA) Annual Meeting

Raleigh, NC

Contact: info@ncwm.net

October 7 - 9 (3 days)

NTEP Measuring Sector Meeting

Raleigh, NC

Contact: info@ncwm.net

October 15 - 16 (2 days)

Northeastern Weights and Measures Association

(NEWMA) Interim Meeting

TBD

Contact: info@ncwm.net

October 19 - 24 (5 days)

Combined Regional Measurement Assurance Program*

Class No. 5157

St. Louis, MO

October 22 - 24 (3 days)

HB 130 - Packaging and Labeling

Class No. 5323

Fort Worth, TX

November 3 - 7 (5 days)

Fundamentals of Metrology

Class 5309

NIST/Gaithersburg, MD

November 4 - 7 (4 days)

HB 130 - Packing and Labeling

Class No. 5324

Lake Mary, FL

2015

January 18 - 21

National Conference on Weights and Measures Interim Meeting

Daytona Beach, FL

Contact: info@ncwm.net

February 26

Webinar - Internal Auditing Best Practices

2:00 p.m. to 4:00 p.m.

Class No. 5296

*Invitation Only

**Limited to State Laboratory Program Participants

WEIGHTS AND MEASURES

IN THE NEWS

San Jose Mercury News/Crime and Courts

Safeway will pay $2.3 million to settle pricing lawsuit by nine California

counties

http://www.mercurynews.com/crime-courts/ci_25295509/safeway-will-pay-2-

3-million-settle-pricing

WestHartford Patch

Top 10 Consumer Complaints in Connecticut

http://westhartford.patch.com/groups/politics-and-elections/p/top-10-consumer-complaints-in-connecticut

9News - Colorado’s News Leader

Grocery store scanners, scales put to the test

http://www.9news.com/story/local/2014/03/03/1922868/

cleveland.com - Northeast Ohio

Student sticker designs get seal of approval from Medina County auditor

http://www.cleveland.com/medina/index.ssf/2014/03/student_sticker_designs_ge

t_se.html

In the Field

Is there a W&M topic that you would like to have appear in the Weights and Measures Connection?

How can we better serve our W&M community?

Do you have a safety tidbit to share?

Submissions can be sent to the Editor, Linda Crown at Linda.Crown@nist.gov

REMINDER

THE 99TH NATIONAL CONFERENCE ON

WEIGHTS AND MEASURES

ANNUAL MEETING

July 13 - 17, 2014

The 2014 Annual Meeting will take place in Detroit, Michigan. Early Bird

registration closes June 20, 2014. Information can be obtained on the

NCWM website at http://www.ncwm.net. Register today and share your

valuable experience and knowlege with the membership. Federal, state,

county, and industry participation is welcome.

Contact: (402) 343-4880 or info@ncwm.net