Arkansas Administrative Code › Agency 209 - Arkansas Agriculture Department › Division 02 - State Plant Board › Rule 209.02.12-006 - Changes to the N.I.S.T. Handbook 44 and 130 - To update Arkansas Weights and Measures regulations and Fuel and Lubricants regulations

Current through Register Vol. 49, No. 6, June, 2024
II. Uniformity of
			 Laws and Regulations
A. National Conference
			 Goal
The goal of the National Conference on Weights and Measures
				(NCWM) with respect to these Uniform Laws and Regulations is to achieve their
				acceptance in all states and local jurisdictions that have authority over such
				matters. The Conference stands ready to assist any jurisdiction in any way
				possible in securing adoption.
B. Status of Promulgation
The following pages list, by state, information regarding the
				adoption of the Uniform Laws and Regulations. The tabulated data indicates if
				the state has adopted the Uniform Law or Regulation by reference, including
				subsequent amendments (thereby operating under the most recent version of the
				recommended regulation in this handbook), or if the state has used some version
				of the NCWM-recommended law or regulation as guidance in developing a similar
				law or regulation.
The information is verified with each state annually; the
				entries represent the status of the state adoption at the time of the
				survey.
Unless a state adopts the recommended regulations and
				subsequent amendments and revisions, there may be variation in the actual
				degree of adoption. Adoption, implementation, and clarification may be
				determined by comparing a state law with the Uniform Law, section-by-section,
				or by contacting the state.
(Amended 1997 and 1998)
C. Summary of State Laws and Regulations in
			 Weights and Measures (as of August 1, 2011)
This is an overview of the status of adoption of NCWM standards
				by the states. In earlier editions of Handbook 130, state laws and regulations
				were compared to the NCWM standard from the prior year. This did not indicate
				whether the standard as printed in the current edition had been adopted by any
				given state. The table lists those states that adopt NCWM-recommended updates
				automatically ("YES"); see Sections 4 through 10 and paragraph 12(m) of the
				Uniform Weights and Measures Law. This means the state's regulations are
				current with those printed in this edition of the handbook. If a state has
				adopted an NCWM recommendation in whole or in part from a particular year, but
				updates are not incorporated automatically, a lower case "yes" is shown. For
				additional information on the status of adoption, please contact the
				appropriate state officials.
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A.
			 Uniform Weights and Measures Law as adopted by The National Conference on
			 Weights and Measures*
1. Background
Recognition of the need for uniformity in weights and measures
				laws and regulations among the states was first noted at the second Annual
				Meeting of the National Conference on Weights and Measures (NCWM) in April
				1906. In the following year, basic outlines of a "Model State Weights and
				Measures Law" were developed. The first "Model Law," as such, was formally
				adopted by the Conference in 1911.
Through the years, almost without exception, each state has
				relied upon the NCWM Weights and Measures Law when the state first enacted
				comprehensive weights and measures legislation. This has led to a greater
				degree of uniformity in the basic weights and measures requirements throughout
				the country.
The original Law was regularly amended to provide for new
				developments in commercial practices and technology. This resulted in a lengthy
				and cumbersome document and in the need for a simplification of the basic
				weights and measures provisions. The 1971 NCWM adopted a thoroughly revised,
				simplified, modernized version of the "Model State Weights and Measures Law."
				This Law now can serve as a framework for all the many concerns in weights and
				measures administration and enforcement.
The title of the Law was changed by the 1983 NCWM. Amendments
				or revisions to the Law since 1971 are noted at the end of each section.
Sections 4 through 10 of the Uniform Weights and Measures Law
				adopt NIST Handbook 44 and the Uniform Regulations in NIST Handbook 130 by
				citation. In addition, these sections adopt supplements to and revisions of
				Handbook 44 and the Uniform Regulations "except insofar as modified or rejected
				by regulation." Some state laws may not permit enacting a statute that provides
				for automatic adoption of future supplements to or revisions of a Uniform
				Regulation covered by that statute. If this should be the case in a given
				state, two alternatives are available:
(a) Sections 4 through 10 may be enacted
			 without the phrase "... and supplements thereto or revisions thereof. . .";
			 or
(b) Sections 4 through 10 may be
			 enacted by replacing ". . . except insofar as modified or rejected by
			 regulation. . ." with the phrase ". . . as adopted, or amended and adopted, by
			 rule of the director."
Either alternative requires action on the part of the Director
				to adopt a current version of Handbook 44 and each Uniform Regulation each time
				a supplement or revision is made by the NCWM.
2. Status of Promulgation
See the table beginning on page 10, Section II. Uniformity of
				Laws and Regulations of Handbook 130 for the status of adoption of the Uniform
				Weights and Measures Law.
*The National Conference on Weights and Measures (NCWM)
				is supported by National Institute of Standards and Technology (NIST) in
				partial implementation of its statutory responsibility for "cooperation with
				the states in securing uniformity in weights and measures laws and methods of
				inspection. "
Uniform Weights and Measures Law
Section 1. Definitions
When used in this Act:
1.1. Weight(s) and (or) Measure(s). - The
			 term "weight(s) and (or) measure(s)" means all weights and measures of every
			 kind, instruments and devices for weighing and measuring, and any appliance and
			 accessories associated with any or all such instruments and devices.
1.2. Weight. - The term "weight" as used in
			 connection with any commodity or service means net weight. When a commodity is
			 sold by drained weight, the term means net drained weight.
(Amended 1974 and 1990)
1.3. Correct. - The term "correct" as used in
			 connection with weights and measures means conformance to all applicable
			 requirements of this Act.
1.4.
			 Director. - The term "director" means the Director of the Arkansas State Plant
			 Board.
1.5. Person. - The term
			 "person" means both plural and the singular, as the case demands, and includes
			 individuals, partnerships, corporations, companies, societies, and
			 associations.
1.6. Sale from Bulk.
			 - The term "sale from bulk" means the sale of commodities when the quantity is
			 determined at the time of sale.
1.7. Package. - Except as modified by Section
			 1. Application of the Uniform Packaging and Labeling Regulation, the term
			 "package," whether standard package or random package, means any commodity:
(a) enclosed in a container or wrapped in any
			 manner in advance of wholesale or retail sale; or
(b) whose weight or measure has been
			 determined in advance of wholesale or retail sale.
An individual item or lot of any commodity on which there is
				marked a selling price based on an established price per unit of weight or of
				measure shall be considered a package (or packages).
(Amended 1991)
1.8. Net "Mass" or Net "Weight." - The term
			 "net mass" or "net weight" means the weight
[NOTE1-
page21] of a commodity excluding any
			 materials, substances, or items not considered to be part of the commodity.
			 Materials, substances, or items not considered to be part of the commodity
			 include, but are not limited to, containers, conveyances, bags, wrappers,
			 packaging materials, labels, individual piece coverings, decorative
			 accompaniments, and coupons, except that, depending on the type of service
			 rendered, packaging materials may be considered to be part of the service. For
			 example, the service of shipping includes the weight of packing materials.
(Added 1988) (Amended 1989, 1991, and 1993)
1.9. Random Weight Package. - A package that
			 is one of a lot, shipment, or delivery of packages of the same commodity with
			 no fixed pattern of weights.
(Added 1990)
NOTE 1: When used in this Law, the term "weight" means
				"mass." (See paragraphs V. and W. in Section I., Introduction, of NIST Handbook
				130 for an explanation of these terms.)
(Note added 1993)
1.10. Standard Package. - A package that is
			 one of a lot, shipment, or delivery of packages of the same commodity with
			 identical net contents declarations.
Examples:
1L bottles or 12 fl oz cans of carbonated soda;
500 g or 5 lb bags of sugar;
100 m or 300 ft packages of rope.
(Added 1991) (Amended 1993)
1.11. Commercial Weighing and Measuring
			 Equipment. - The term "commercial weighing and measuring equipment" means
			 weights and measures and weighing and measuring devices commercially used or
			 employed in establishing the size, quantity, extent, area, or measurement of
			 quantities, things, produce, or articles for distribution or consumption,
			 purchased, offered, or submitted for sale, hire, or award, or in computing any
			 basic charge or payment for services rendered on the basis of weight or
			 measure.
(Added 1995)
1.12. Standard, Field. - A physical standard
			 that meets specifications and tolerances in NIST Handbook 105-series standards
			 (or other suitable and designated standards) and is traceable to the reference
			 or working standards through comparisons, using acceptable laboratory
			 procedures, and used in conjunction with commercial weighing and measuring
			 equipment (1.13).
(Added 2005)
1.13. Accreditation. - A formal recognition
			 by a recognized Accreditation Body that a laboratory is competent to carry out
			 specific tests or calibrations or types of tests or calibrations. NOTE:
			 Accreditation does not ensure compliance of standards to appropriate
			 specifications.
(Added 2005)
1.14. Calibration. - A set of operations
			 which establishes, under specified conditions, the relationship between values
			 indicated by a measuring instrument or measuring system, or values represented
			 by a material measure, and the corresponding known values of a measurand.
(Added 2005)
1.15. Traceability. - The property of the
			 result of a measurement or the value of a standard whereby it can be related to
			 stated references, usually national or international standards, through an
			 unbroken chain of comparisons all having stated uncertainties.
(Added 2005)
1.16. Uncertainty. - A parameter associated
			 with the result of a measurement that characterizes the dispersion of the
			 values that could reasonably be attributed to the measurance.
(Added 2005)
1.17. Verification. - The formal evaluation
			 of a standard or device against the specifications and tolerances for
			 determining conformance.
(Added 2005)
1.18. Recognition. - A formal recognition by
			 NIST Office of Weights and Measures that a laboratory has demonstrated the
			 ability to provide traceable measurement results and is competent to carry out
			 specific tests or calibrations or types of tests or calibrations.
(Added 2005)
1.19. Standard, Reference. - A standard,
			 generally of the highest metrological quality available at a given location,
			 from which measurements made at that location are derived. The term "reference
			 standards" means the physical standards of the state that serve as the legal
			 reference from which all other standards for weights and measures within that
			 state are derived.
(Added 2005)
1.20. Standard, Working. - A standard that is
			 usually calibrated against a reference standard, and is used routinely to
			 calibrate or check material measures, measuring instruments, or reference
			 materials. The term "working standards" means the physical standards that are
			 traceable to the reference standards through comparisons, using acceptable
			 laboratory procedures, and used in the enforcement of weights and measures laws
			 and regulations.
(Added 2005)
Section 2. Systems of Weights and Measures
The International System of Units (SI) and the system of
				weights and measures in customary use in the United States are jointly
				recognized, and either one or both of these systems shall be used for all
				commercial purposes in the state.
The definitions of basic units of weight and measure, the
				tables of weight and measure, and weights and measures equivalents as published
				by NIST are recognized and shall govern weighing and measuring equipment and
				transactions in the state.
(Amended 1993)
NOTE 2: SI or SI Unit. - means the International System
				of Units as established in I960 by the General Conference on Weights and
				Measures and interpreted or modified for the United States by the Secretary of
				Commerce. See "Interpretation of the International System of Units for the
				United States" in "Federal Register" (Volume 73, No. 96, pages 28432 to 28433)
				for May 16, 2008, and
				15 United States Code, Section
				205a-
				2051
				"Metric Conversion. " See also NIST Special Publication 330, "The International
				System of Units (SI) " 2008 Edition and NIST Special Publication 811, "Guide
				for the Use of the International System of Units (SI) " 2008 Edition that are
				available at
www.nist.gov/metric
or by
				contacting
TheSI@nist.gov
.
(Added 1993)
Section
			 3. Physical Standards
Weights and measures that are traceable to the U.S. prototype
				standards supplied by the Federal Government, or approved as being satisfactory
				by NIST, shall be the state reference and working standards of weights and
				measures, and shall be maintained in such calibration as prescribed by the NIST
				as demonstrated through laboratory accreditation or recognition. All field
				standards may be prescribed by the Director and shall be verified upon their
				initial receipt, and as often thereafter as deemed necessary by the
				Director.
(Amended 2005)
Section
			 4. Technical Requirements for Weighing and Measuring Devices 
			 [NOTE 3, page 23]
The specifications, tolerances, and other technical
				requirements for commercial, law enforcement, data gathering, and other
				weighing and measuring devices as adopted by the NCWM, published in the
				National Institute of Standards and Technology Handbook 44, "Specifications,
				Tolerances, and Other Technical Requirements for Weighing and Measuring
				Devices," and supplements thereto or revisions thereof, shall apply to weighing
				and measuring devices in the state, except insofar as modified or rejected by
				regulation.
(Amended 1975)
NOTE 3:
Sections 4 through 10 of the Uniform Weights
				and Measures Law adopt NIST Handbook 44 and Uniform Regulations in NIST
				Handbook 130 by citation. In addition, these sections adopt supplements to and
				revisions of NIST Handbook 44 and the Uniform Regulations "except insofar as
				modified or rejected by regulation. " Some state
laws may not permit enacting a statute that provides
				for automatic adoption of future supplements to or revisions of a regulation
				covered by that statute. If this should be the case in a given state, two
				alternatives are available:
(a) Sections 4 through 10 may be enacted
			 without the phrase "... and supplements thereto or revisions thereof . . .";
			 or
(b) Sections 4 through 10 may be
			 enacted by replacing "... except insofar as modified or rejected by regulation.
			 . ." with the phrase "... as adopted, or amended and adopted, by rule of the
			 director."
Either alternative requires action on the part of the
				Director to adopt a current version of Handbook 44 and Uniform Laws or
				Regulations each time a supplement is added or revision is made by the
				NCWM.
Section
			 5. Requirements for Packaging and Labeling 
			 [NOTE 3, page 23]
The Uniform Packaging and Labeling Regulation as adopted by the
				NCWM and published in the National Institute of Standards and Technology
				Handbook 130, "Uniform Laws and Regulations," and supplements thereto or
				revisions thereof, shall apply to packaging and labeling in the state, except
				insofar as modified or rejected by regulation.
(Added 1983)
Section
			 6. Requirements for the Method of Sale of Commodities 
			 [NOTE 3, page 23]
The Uniform Regulation for the Method of Sale of Commodities as
				adopted by the NCWM and published in National Institute of Standards and
				Technology Handbook 130, "Uniform Laws and Regulations," and supplements
				thereto or revisions thereof, shall apply to the method of sale of commodities
				in the state, except insofar as modified or rejected by regulation.
(Added 1983)
Section
			 7. Requirements for Unit Pricing 
			 [NOTE 3, page 23]
The Uniform Unit Pricing Regulation as adopted by the NCWM and
				published in the National Institute of Standards and Technology Handbook 130,
				"Uniform Laws and Regulations," and supplements thereto or revisions thereof,
				shall apply to unit pricing in the state, except insofar as modified or
				rejected by regulation.
(Added 1983)
Section
			 8. Requirements for the Registration of Servicepersons and Service
			 Agencies for Commercial Weighing and Measuring Devices 
			 [NOTE 3, page 23]
The Uniform Regulation for the Voluntary Registration of
				Servicepersons and Service Agencies for Commercial Weighing and Measuring
				Devices as adopted by the National NCWM and published in the National Institute
				of Standards and Technology Handbook 130, "Uniform Laws and Regulations," and
				supplements thereto or revisions thereof, shall apply to the registration of
				servicepersons and service agencies in the state, except insofar as modified or
				rejected by regulation.
(Added 1983)
Section
			 9. Requirements for Open Dating 
			 [NOTE 3, page 23]
The Uniform Open Dating Regulation as adopted by the NCWM and
				published in the National Institute of Standards and Technology Handbook 130,
				"Uniform Laws and Regulations," and supplements thereto or revisions thereof,
				shall apply to open dating in the state, except insofar as modified or rejected
				by regulation.
(Added 1983)
Section
			 10. Requirements for Type Evaluation[NOTE 3, page
				23]
The Uniform Regulation for National Type Evaluation as adopted
				by the NCWM and published in National Institute of Standards and Technology
				Handbook 130, "Uniform Laws and Regulations," and supplements thereto or
				revisions thereof, shall apply to type evaluation in the state, except insofar
				as modified or rejected by regulation.
(Added 1985)
Section
			 11. State Weights and Measures Division
There shall be a State Division of Weights and Measures located
				for administrative purposes within the Arkansas State Plant Board. The Division
				is charged with, but not limited to, performing the following functions on
				behalf of the citizens of the state:
(a) Assuring that weights and measures in
			 commercial services within the state are suitable for their intended use,
			 properly installed, and accurate, and are so maintained by their owner or
			 user.
(b) Preventing unfair or
			 deceptive dealing by weight or measure in any commodity or service advertised,
			 packaged, sold, or purchased within the state.
(c) Making available to all users of physical
			 standards or weighing and measuring equipment the precision calibration and
			 related metrological certification capabilities of the weights and measures
			 facilities of the Division.
(d)
			 Promoting uniformity, to the extent practicable and desirable, between weights
			 and measures requirements of this state and those of other states and federal
			 agencies.
(e) Encouraging desirable
			 economic growth while protecting the consumer through the adoption by rule of
			 weights and measures requirements as necessary to assure equity among buyers
			 and sellers.
(Added 1976)
Section 12. Powers and Duties of the Director
The Director shall:
(a) maintain traceability of the state
			 standards as demonstrated through laboratory accreditation or recognition;
			 (Amended 2005)
(b) enforce the
			 provisions of this Act;
(c) issue
			 reasonable regulations for the enforcement of this Act, which regulations shall
			 have the force and effect of law;
(d) establish labeling requirements,
			 establish requirements for the presentation of cost per unit information,
			 establish standards of weight, measure, or count, and reasonable standards of
			 fill for any packaged commodity; and establish requirements for open dating
			 information;
(Added 1973)
(e) grant any exemptions from the provisions
			 of this Act or any regulations promulgated pursuant thereto when appropriate to
			 the maintenance of good commercial practices within the state;
(f) conduct investigations to ensure
			 compliance with this Act;
(g)
			 delegate to appropriate personnel any of these responsibilities for the proper
			 administration of this office;
(h)
			 verify the field standards for weights and measures used by any jurisdiction
			 within the state, before being put into service, tested annually or as often
			 thereafter as deemed necessary by the Director based on statistically evaluated
			 data, and approve the same when found to be correct;
(Amended 2005)
(i) have the authority to inspect and test
			 commercial weights and measures kept, offered, or exposed for sale;
(Amended 1995)
(j) inspect and test, to ascertain if they
			 are correct, weights and measures commercially used:
(1) in determining the weight, measure, or
			 count of commodities or things sold, or offered or exposed for sale, on the
			 basis of weight, measure, or count, or
(2) in computing the basic charge or payment
			 for services rendered on the basis of weight, measure, or
			 count;
(k) test all
			 weights and measures used in checking the receipt or disbursement of supplies
			 in every institution, the maintenance of which funds are appropriated by the
			 legislature of the state;
(l)
			 approve for use, and may mark, such commercial weights and measures as are
			 found to be correct, and shall reject and order to be corrected, replaced, or
			 removed such commercial weights and measures as are found to be incorrect.
			 Weights and measures that have been rejected may be seized if not corrected
			 within the time specified or if used or disposed of in a manner not
			 specifically authorized. The Director shall remove from service and may seize
			 the weights and measures found to be incorrect that are not capable of being
			 made correct;
(Amended 1995)
(m) weigh, measure, or inspect packaged
			 commodities kept, offered, or exposed for sale, sold, or in the process of
			 delivery, to determine whether they contain the amounts represented and whether
			 they are kept, offered, or exposed for sale in accordance with this Act or
			 regulations promulgated pursuant thereto. In carrying out the provisions of
			 this section, the Director shall employ recognized sampling procedures, such as
			 are adopted by the NCWM and are published in the National Institute of
			 Standards and Technology Handbook 133, "Checking the Net Contents of Packaged
			 Goods;"
(Amended 1984, 1988, and 2000)
(n) prescribe, by regulation, the appropriate
			 term or unit of weight or measure to be used, whenever the Director determines
			 that an existing practice of declaring the quantity of a commodity or setting
			 charges for a service by weight, measure, numerical count, time, or combination
			 thereof, does not facilitate value comparisons by consumers, or offers an
			 opportunity for consumer confusion;
(Amended 1991)
(o) allow reasonable variations from the
			 stated quantity of contents, which shall include those caused by loss or gain
			 of moisture during the course of good distribution practice or by unavoidable
			 deviations in good manufacturing practice only after the commodity has entered
			 intrastate commerce;
(p) provide
			 for the training of weights and measures personnel, and may establish minimum
			 training and performance requirements, which shall then be met by all weights
			 and measures personnel, whether county, municipal, or state. The Director may
			 adopt the training standards of the National Conference on Weights and
			 Measures' National Training Program and the laboratory metrology standards
			 specified by the NIST accreditation and/or recognition requirements; and
(Added 1991) (Amended 2005)
(q) verify advertised prices, price
			 representations, and point-of-sale systems, as deemed necessary, to determine:
(1) the accuracy of prices and computations
			 and the correct use of the equipment, and
(2) if such system utilizes scanning or
			 coding means in lieu of manual entry, the accuracy of prices printed or
			 recalled from a database. In carrying out the provisions of this section, the
			 Director shall:
i. employ recognized
			 procedures, such as are designated in National Institute of Standards and
			 Technology Handbook 130, Uniform Laws and Regulations, "Examination Procedures
			 for Price Verification;"
ii. issue
			 necessary rules and regulations regarding the accuracy of advertised prices and
			 automated systems for retail price charging (referred to as "point-of-sale
			 systems") for the enforcement of this section, which rules shall have the force
			 and effect of law; and
iii. conduct
			 investigations to ensure compliance. (Added 1995)
Section 13. Special
			 Police Powers
When necessary for the enforcement of this Act or regulations
				promulgated pursuant thereto, the Director is:
(a) Authorized to enter any commercial
			 premises during normal business hours, except that in the event such premises
			 are not open to the public, he/she shall first present his/her credentials and
			 obtain consent before making entry thereto, unless a search warrant has
			 previously been obtained.
(b)
			 Empowered to issue stop use, hold, and removal orders with respect to any
			 weights and measures commercially used, stop sale, hold, and removal orders
			 with respect to any packaged commodities or bulk commodities kept, offered, or
			 exposed for sale.
(c) Empowered to
			 seize, for use as evidence, without formal warrant, any incorrect or unapproved
			 weight, measure, package, or commodity found to be used, retained, offered, or
			 exposed for sale or sold in violation of the provisions of this Act or
			 regulations promulgated pursuant thereto.
(d) Empowered to stop any commercial vehicle
			 and, after presentation of his credentials, inspect the contents, require the
			 person in charge of that vehicle to produce any documents in his possession
			 concerning the contents, and require him to proceed with the vehicle to some
			 specified place for inspection.
(e)
			 With respect to the enforcement of this Act, the Director is hereby vested with
			 special police powers, and is authorized to arrest, without formal warrant, any
			 violator of this Act.
Section
			 14. Powers and Duties of Local Officials
Any weights and measures official appointed for a county or
				city shall have the duties and powers enumerated in this Act, excepting those
				duties reserved to the state by law or regulation. These powers and duties
				shall extend to their respective jurisdictions, except that the jurisdiction of
				a county official shall not extend to any city for which a weights and measures
				official has been appointed. No requirement set forth by local agencies may be
				less stringent than or conflict with the requirements of the state.
(Amended 1984)
Section
			 15. Misrepresentation of Quantity No person shall:
(a) sell, offer, or expose for sale a
			 quantity less than the quantity represented; nor
(b) take more than the represented quantity
			 when, as buyer, he/she furnishes the weight or measure by means of which the
			 quantity is determined; nor
(c)
			 represent the quantity in any manner calculated or tending to mislead or in any
			 way deceive another person. (Amended 1975 and 1990)
Section 16. Misrepresentation of Pricing
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.
Section
			 17. Method of Sale
Except as otherwise provided by the Director or by firmly
				established trade custom and practice,
(a) commodities in liquid form shall be sold
			 by liquid measure or by weight; and
(b) commodities not in liquid form shall be
			 sold by weight, by measure, or by count.
The method of sale shall provide accurate and adequate quantity
				information that permits the buyer to make price and quantity
				comparisons.
(Amended 1989)
Section 18. Sale from Bulk
All bulk sales in which the buyer and seller are not both
				present to witness the measurement, all bulk deliveries of heating fuel, and
				all other bulk sales specified by rule or regulation of the director shall be
				accompanied by a delivery ticket containing the following information:
(a) the name and address of the buyer and
			 seller;
(b) the date
			 delivered;
(c) the quantity
			 delivered and the quantity upon which the price is based, if this differs from
			 the delivered quantity for example, when temperature compensated sales are
			 made;
(Amended 1991)
(d) the unit price, unless otherwise agreed
			 upon by both buyer and seller; (Added 1991)
(e) the identity in the most descriptive
			 terms commercially practicable, including any quality representation made in
			 connection with the sale; and
(f)
			 the count of individually wrapped packages, if more than one, in the instance
			 of commodities bought from bulk but delivered in packages.
(Amended 1983 and 1991)
Section 19. Information Required on Packages
Except as otherwise provided in this Act or by regulations
				promulgated pursuant thereto, any package, whether a random package or a
				standard package, kept for the purpose of sale, or offered or exposed for sale,
				shall bear on the outside of the package a definite, plain, and conspicuous
				declaration of:
(a) the identity of
			 the commodity in the package, unless the commodity is a food, other than meat
			 or poultry, that was repackaged in a retail establishment and the food is
			 displayed to the purchaser under either of the following circumstances:
(1) its interstate labeling is clearly in
			 view or with a counter card, sign or other appropriate device bearing
			 prominently and conspicuously the common or usual name of the food;
			 or
(2) the common or usual name of
			 the food is clearly revealed by its appearance. (Amended 2001)
(b) the quantity of contents in
			 terms of weight, measure, or count; and,
(c) the name and place of business of the
			 manufacturer, packer, or distributor, in the case of any package kept, offered,
			 or exposed for sale, or sold in any place other than on the premises where
			 packed.
(Amended 1991)
Section 20. Declarations of Unit Price on
			 Random Weight Packages
In addition to the declarations required by Section 19.
				Information Required on Packages of this Act, any package being one of a lot
				containing random weights of the same commodity, at the time it is offered or
				exposed for sale at retail, shall bear on the outside of the package a plain
				and conspicuous declaration of the price per kilogram or pound and the total
				selling price of the package.
(Amended 1986)
Section
			 21. Advertising Packages for Sale
Whenever a packaged commodity is advertised in any manner with
				the retail price stated, there shall be closely and conspicuously associated
				with the retail price a declaration of quantity as is required by law or
				regulation to appear on the package.
(Amended 1993)
Section
			 22. Prohibited Acts
No person shall:
(a)
			 use or have in possession for use in commerce any incorrect weight or
			 measure;
(b) sell or offer for sale
			 for use in commerce any incorrect weight or measure;
(c) remove any tag, seal, or mark from any
			 weight or measure without specific written authorization from the proper
			 authority;
(d) hinder or obstruct
			 any weights and measures official in the performance of his or her duties;
			 or
(e) violate any provisions of
			 this Act or regulations promulgated under it.
Section 23. Civil Penalties
23.1. Assessment of Penalties. - Any person
			 who by himself or herself, by his or her servant or agent, or as the servant or
			 agent of another person, commits any of the acts enumerated in Section 22.
			 Prohibited Acts may be assessed by the Arkansas State Plant Board a civil
			 penalty of:
(a) not less than $ 100 nor more
			 than $600 for a first violation;
(b) not less than $400 nor more than $1200
			 for a second violation within 3 years after
(c) not less than $700 nor more than $2000
			 for a third violation within 3 years after the date of the first
			 violation.
23.2.
			 Administrative Hearing. - Any person subject to a civil penalty shall have a
			 right to request an administrative hearing within ten days of receipt of the
			 notice of the penalty. The Director or his/her designee shall be authorized to
			 conduct the hearing after giving appropriate notice to the respondent. The
			 decision of the Director shall be subject to appropriate judicial
			 review.
23.3. Collection of
			 Penalties. - If the respondent has exhausted his or her administrative appeals
			 and the civil penalty has been upheld, he or she shall pay the civil penalty
			 within twenty days after the effective date of the final decision. If the
			 respondent fails to pay the penalty, a civil action may be brought by the
			 Director in any court of competent jurisdiction to recover the penalty. Any
			 civil penalty collected under this Act shall be transmitted to Arkansas State
			 Plant Board.
(Added 1989) (Amended 1995)
Section 24. Criminal Penalties
24.1. Misdemeanors. - Any person who commits
			 any of the acts enumerated in Section 22. Prohibited Acts shall be guilty of a
			 Class A misdemeanor
Section
			 25. Restraining Order and Injunction
The Director is authorized to apply to any court of competent
				jurisdiction for a restraining order, or a temporary or permanent injunction,
				restraining any person from violating any provision of this Act.
(Retitled 1989)
Section
			 26. Presumptive Evidence
Whenever there shall exist a weight or measure or weighing or
				measuring device in or about any place in which or from which buying or selling
				is commonly carried on, there shall be a rebuttable presumption that such
				weight or measure or weighing or measuring device is regularly used for the
				business purposes of that place.
Section
			 27. Separability Provision
If any provision of this Act is declared unconstitutional, or
				the applicability thereof to any person or circumstance is held invalid, the
				constitutionality of the remainder of the Act and the applicability thereof to
				other persons and circumstances shall not be affected thereby.
Section 28. Repeal of Conflicting
			 Laws
All laws and parts of laws contrary to or inconsistent with the
				provisions of this Act are repealed except as to offenses committed,
				liabilities incurred, and claims made there under prior to the effective date
				of this Act.
Section 29.
			 Regulations to be Unaffected by Repeal of Prior Enabling Statute
The adoption of this Act or any of its provisions shall not
				affect any regulations promulgated pursuant to the authority of any earlier
				enabling statute unless inconsistent with this Act or modified or revoked by
				the Director.
Section 30.
			 Effective Date
This Act shall become effective on April 1, 2013.
C. Uniform Engine Fuels
			 and Automotive Lubricants Inspection Law as adopted by The National Conference
			 on Weights and Measures*
1. Background
In 1984, the National Conference on Weights and Measures (NCWM)
				adopted a section in the Uniform Regulation for the Method of Sale of
				Commodities requiring that motor fuel containing alcohol be labeled to disclose
				to the retail purchaser that the fuel contains alcohol. The delegates deemed
				this action necessary since motor vehicle manufacturers were qualifying their
				warranties with respect to some gasoline-alcohol blends, motor fuel users were
				complaining to weights and measures officials about fuel quality and vehicle
				performance, and the American Society for Testing and Materials (ASTM) had not
				yet finalized quality standards for oxygenated (which includes
				alcohol-containing) fuels. While many argued that weights and measures
				officials should not cross the line from quantity assurance programs to
				programs regulating quality, the delegates were persuaded that the issue needed
				immediate attention.
A Motor Fuels Task Force was appointed in 1984 to develop
				mechanisms for achieving uniformity in the evaluation and regulation of motor
				fuels. The Task Force developed the Uniform Motor Fuel Inspection Law and the
				Uniform Motor Fuel Regulation (see the Uniform Regulations section of this
				Handbook) to accompany the Law. The recommended Law required registration and
				certification of motor fuel as meeting ASTM standards. It established a motor
				fuel quality testing capability by the state. Funding for the installation and
				support of the testing facility was established by a fee per liter or per
				gallon on all fuel marketed within the state.
In 1992, the NCWM established the Petroleum Subcommittee under
				the Laws and Regulations Committee. The Subcommittee recommended major
				revisions to the Law that was adopted at the 80th
				NCWM in 1995. The scope of the Law was expanded to include all engine fuels,
				petroleum products, and automotive lubricants, and its title was changed
				accordingly. Other changes included expansion of the definitions section,
				limitation of the scope of the registration section to engine fuels designed
				for special use, and addition of sections on administrative and civil penalties
				and on criminal penalties.
In 2007 the Fuel and Lubricants Subcommittee (formerly the
				Petroleum Subcommittee) undertook a review of this uniform law to update it to
				eliminate reference to "petroleum products" and reflect the addition of new
				engine fuels to the marketplace. The amendments included new provisions to
				provide officials with the authority to review delivery records and grant
				waivers of requirements adopted under the law in times of emergency or natural
				disasters.
At the 2008 NCWM Interim Meeting, the Laws and Regulations
				Committee changed the Petroleum Subcommittee's name to the Fuels and Lubricants
				Subcommittee (FALS) in recognition of its work with a wide variety of fuels
				including petroleum and biofuels.
2. Status of Promulgation
The current Uniform Engine Fuels, and Automotive Lubricants
				Inspection Law was recommended for adoption by the Conference in 2008. The
				table beginning on page 10, Section II. Uniformity of Laws and Regulations of
				Handbook 130 shows the status of adoption of the law.
(Amended 2008)
*The National Conference on Weights and Measures (NCWM)
				is supported by the National Institute of Standards and Technology (NIST) in
				partial implementation of its statutory responsibility for "cooperation with
				the states in securing uniformity in weights and measures laws and methods of
				inspection. "
Uniform Engine Fuels and Automotive Lubricants Inspection
				Law
Section 1. Purpose
There should be uniform requirements for engine fuels,
				non-engine fuels, and automotive lubricants among the states. This Act provides
				for the establishment of quality specifications for these products.
(Amended 2008)
Section
			 2. Scope
The Act establishes a sampling, testing, and enforcement
				program, provides authority for fee collection, requires registration of engine
				fuels, and empowers the state to promulgate regulations as needed to carry out
				the provisions of the Act. It also provides for administrative, civil, and
				criminal penalties.
Section
			 3. Definitions As used in this act:
3.1. Engine Fuel. - Any liquid or gaseous
			 matter used for the generation of power in an internal combustion
			 engine.
3.2. Director. - The
			 Director of the Arkansas State Plant Board and designated agents.
3.3. Person. - An individual, corporation,
			 company, society, association, partnership, or governmental entity.
3.4. ASTM International, (
www.astm.org
) - An international voluntary
			 consensus standards organization formed for the development of standards on
			 characteristics and performance of materials, products, systems, and services,
			 and the promotion of related knowledge.
3.5. Automotive Lubricants. - Any material
			 interposed between two surfaces that reduces the friction or wear between
			 them.
3.6. Engine Fuel Designed for
			 Special Use. - Engine fuels designated by the Director requiring registration.
			 These fuels normally have no ASTM or other national consensus standards
			 applying to their quality or usability; common special fuels are racing fuels
			 and those intended for agricultural and other off-road applications.
3.7. Sold. - Kept, offered, or exposed for
			 sale.
3.8. Non-engine Fuels. - Any
			 liquid or gaseous matter used for the generation of heat, power, or similar
			 uses. (Added 2008)
Section
			 4. Administration, Adoption of Standards, and Rules
The provisions of this Act shall be administered by the
				Director. For the purpose of administering and giving effect to the provisions
				of this Act, the specification and test method standards set forth in the most
				recent version available of ASTM International standards as published on its
				website
www.astm.org
are adopted
				except as amended or modified as required by the Director to comply with
				federal and state laws. When no ASTM standard exists, other generally
				recognized national consensus standards may be used. The Director is empowered
				to write rules and regulations on the advertising, posting of prices, labeling,
				standards for, and identity of fuels, non-engine fuels, and automotive
				lubricants and is authorized to establish a testing laboratory.
(Amended 2008)
Section
			 5. General Duties and Powers
The Director shall have the authority to:
5.1. Enforce and administer all the
			 provisions of this Act by inspections, analyses, and other appropriate
			 actions.
5.2. Have access during
			 normal business hours to all places where engine fuels, non-engine fuels, and
			 automotive lubricants are kept, transferred, offered, exposed for sale, or sold
			 for the purpose of examination, inspection, taking of samples, and review of
			 fuel storage, receipts, transfers, sales records, or delivery records for
			 determining compliance with this Act. If such access is refused by the owner,
			 agent, or other persons leasing the same, the Director may obtain an
			 administrative search warrant from a court of competent jurisdiction.
(Amended 2008)
5.3. Collect, or cause to be collected,
			 samples of engine fuels, non-engine fuels, and automotive lubricants marketed
			 in this state, and cause such samples to be tested or analyzed for compliance
			 with the provisions of this Act.
(Amended 2008)
5.4. Define engine fuels for special use and
			 refuse, revoke, suspend, or issue a stop-order if found not to be in compliance
			 and remand stop-order if the engine fuel for special use is brought into full
			 compliance with this Act.
5.5.
			 Issue a stop-sale order for any engine fuel, non-engine fuels, and automotive
			 lubricant found not to be in compliance and remand a stop-sale order if the
			 engine fuel, petroleum product, or automotive lubricant is brought into full
			 compliance with this Act.
(Amended 2008)
5.6. Refuse, revoke, or suspend the
			 registration of an engine fuel, petroleum product, or automotive
			 lubricant.
5.7. Delegate to
			 appropriate personnel any of these responsibilities for the proper
			 administration of this Act.
5.8.
			 The Director is empowered to waive specific state requirements adopted under
			 this Act or may establish alternative requirements for fuels as determined to
			 be necessary in the event of an emergency or a natural disaster for a specified
			 period of time.
(Added 2008)
Section 6. Registration of Engine Fuels
			 Designed for Special Use
All engine fuels designed for special use must be registered
				with the Director. Such registration shall include:
6.1. Name, brand, or trademark under which
			 the fuel will be sold.
6.2. Name
			 and address of person registering the engine fuel.
6.3. The special use for which the engine
			 fuel is designed.
6.4.A
			 certification, declaration, or affidavit stating the fuel
			 specifications.
Section
			 7. Inspection Fee
There shall be a fee of $ Zero per appropriate unit of measure
				on all products covered under the scope of this Act marketed within this state
				for the purposes of administering and effectively enforcing the provisions of
				this Act.
Section 8.
			 Prohibited Acts
It shall be unlawful to:
8.1. Represent engine fuels, non-engine
			 fuels, or automotive lubricants in any manner that may deceive or tend to
			 deceive the purchaser as to the nature, brand, price, quantity, and/or quality
			 of such products.
(Amended 1996 and 2008)
8.2. Fail to register an engine fuel designed
			 for special use.
8.3. Submit
			 incorrect, misleading, or false information regarding the registration of an
			 engine fuel designed for special use.
8.4. Hinder or obstruct the Director in the
			 performance of the Director's duties.
8.5. Represent an engine fuel, non-engine
			 fuels, or automotive lubricant that is contrary to the provisions of this Act.
(Amended 2008)
8.6. Represent automotive lubricants with an
			 S.A.E. (Society of Automotive Engineers) viscosity grade or API (American
			 Petroleum Institute) service classification other than those specified by the
			 intended purchaser.
(Added 1996)
Section 9. Civil Penalties
9.1. Assessment of Penalties. - Any person
			 who, by himself or herself, by his or her servant or agent, or as the servant
			 or agent of another person commits any of the acts enumerated in Section 8.
			 Prohibited Acts may be assessed by the Arkansas State Plant Board a civil
			 penalty of:
(a) not less than $ 100 nor more
			 than $300 for a first violation;
(b) not less than $400 nor more than $600 for
			 a second violation within three years from the date of the first violation;
			 and
(c) not less than $700 nor more
			 than $1,000 for a third violation within three years from the date of the first
			 violation.
9.2.
			 Administrative Hearing. - Any person subject to a civil penalty shall have a
			 right to request an administrative hearing within ten days of receipt of the
			 notice of the penalty. The Director or his/her designee shall be authorized to
			 conduct the hearing after giving appropriate notice to the respondent. The
			 decision of the Director shall be subject to appropriate judicial
			 review.
9.3. Collection of
			 Penalties. - If the respondent has exhausted his or her administrative appeals
			 and the civil penalty has been upheld, he or she shall pay the civil penalty
			 within twenty days after the effective date of the final decision. If the
			 respondent fails to pay the penalty, a civil action may be brought by the
			 Director in any court of competent jurisdiction to recover the penalty. Any
			 civil penalty collected under this Act shall be transmitted to Arkansas State
			 Plant Board.
Section 10.
			 Criminal Penalties
10.1. Misdemeanor. - Any
			 person who violates any provision of this Act or regulations promulgated
			 thereto shall be guilty of a Class A misdemeanor.
Section 11. Restraining Order and Injunction
The Director is authorized to apply to any court of competent
				jurisdiction for a restraining order or a temporary or permanent injunction
				restraining any person from violating any provision of this Act.
Section 12. Severability
			 Provisions
If any word, phrase, provision, or portion of this Act shall be
				held in a court of competent jurisdiction to be unconstitutional or invalid,
				the unconstitutionality or invalidity shall apply only to such word, phrase,
				provision, or portion, and for this purpose the provisions of this Act are
				declared to be severable.
Section
			 13. Repeal of Conflicting Laws
All laws and parts of laws contrary to or inconsistent with the
				provisions of this Act are repealed except as to offense committed, liabilities
				incurred, and claims made there under prior to the effective date of this
				Act.
Section 14. Citation
This Act may be cited as the "Fuels and Lubricants Inspection
				Act of 2001." (Amended 2008)
Section
			 15. Effective Date
This Act shall become effective April 1, 2013.
A. Uniform Packaging and
			 Labeling Regulation as adopted by The National Conference on Weights and
			 Measures*
1. Background
The Uniform Packaging and Labeling Regulation was first adopted
				during the 37th Annual Meeting of the National
				Conference on Weights and Measures (NCWM) in 1952. Reporting to the Conference,
				the Committee on Legislation stated:
The National Conference should adopt a model package regulation
				for the guidance of those states authorized to adopt such a regulation under
				provisions of their weights and measures laws. Since so much of the work of
				weights and measures officials in the package field concerns food products, the
				importance of uniformity between the Federal (FDA) regulations and any model
				regulations to be adopted by this Conference cannot be overemphasized.
Since its inception, the Uniform Packaging and Labeling
				Regulation has been continually revised to meet the complexities of an enormous
				expansion in the packaging industry - an expansion that, in late 1966, brought
				about the passage of the Fair Packaging and Labeling Act (FPLA). Recognizing
				the need for compatibility with the Federal Act, in 1968 the Committee on Laws
				and Regulations of the 53rd Annual Meeting of the
				National Conference amended the "Model Packaging and Labeling Regulation"
				(renamed in 1983) to parallel regulations adopted by federal agencies under
				FPLA. The process of amending and revising this Regulation is a continuing one
				in order to keep it current with practices in the packaging field and make it
				compatible with appropriate federal regulations. Amendments and additions since
				1971 are noted at the end of each section.
The revision of 1978 provided for the use of the metric system
				(SI) on labels as well as allowing Si-only labels for those commodities not
				covered by federal laws or regulations. "SI" means the International System of
				Units as established in 1960 by the General Conference on Weights and Measures
				and interpreted or modified for the United States by the Secretary of Commerce.
				[See the "Interpretation of the International System of Units for the United
				States" in the "Federal Register" (Volume 73, No. 96, pages 28432 to 28433) for
				May 16, 2008, and 15 United States Code, Section 205a -2051 "Metric
				Conversion." See also NIST Special Publication 330 "The International System of
				Units (SI)" 2008 Edition and NIST Special Publication 811 "Guide for the Use of
				the International System of Units (SI)" 2008 Edition that are available at
www.nist.gov/pml/wmd/index.cfm
or by contacting TheSI@nist.gov.] In 1988, Congress amended the Metric
				Conversion Law to declare that it is the policy of the United States to
				designate the International System of Units of measurement as the preferred
				system of weights and measures for U.S. trade and commerce. In 1992, Congress
				amended the federal FPLA to require the most appropriate units of the SI and
				the customary inch-pound systems of measurement on certain consumer
				commodities. The 1993 amendments to NIST Handbook 130 require SI and inch-pound
				units on certain consumer commodities in accordance with federal laws or
				regulations. Requirements for labeling in both units of measure were effective
				February 14, 1994, under FPLA and as specified in Section 15 Effective Date;
				except as specified in Section 11.32. SI Units, Exemptions for Consumer
				Commodities.
Nothing contained in this regulation should be construed to
				supersede any labeling requirement specified in federal law or to require the
				use of SI units on non-consumer packages.
2. Status of Promulgation
The table beginning on page 10, Section II. Uniformity of Laws
				and Regulations of Handbook 130 shows the status of adoption of the Uniform
				Packaging and Labeling Regulation.
*The National Conference on Weights and Measures (NCWM)
				is supported by the National Institute of Standards and Technology (NIST) in
				partial implementation of its statutory responsibility for "cooperation with
				the states in securing uniformity in weights and measures laws and methods of
				inspection. "
Uniform Packaging and Labeling Regulation
Preamble
The purpose of this regulation is to provide accurate and
				adequate information on packages as to the identity and quantity of contents so
				that purchasers can make price and quantity comparisons.
(Added 1989)
Section
			 1. Application
This regulation shall apply to packages, but shall not apply
				to:
(a) inner wrappings not intended
			 to be individually sold to the customer;
(b) shipping containers or wrapping used
			 solely for the transportation of any commodities in bulk or in quantity to
			 manufacturers, packers, or processors, or to wholesale or retail distributors,
			 but in no event shall this exclusion apply to packages of consumer or
			 non-consumer commodities as defined herein;
(Added 1971)
(c) auxiliary containers or outer wrappings
			 used to deliver packages of such commodities to retail customers if such
			 containers or wrappings bear no printed matter pertaining to any particular
			 commodity;
(d) containers used for
			 retail tray pack displays when the container itself is not intended to be sold
			 (e.g., the tray that is used to display individual envelopes of seasonings,
			 gravies, etc., and the tray itself is not intended to be sold);
(e) open carriers and transparent wrappers or
			 carriers for containers when the wrappers or carriers do not bear any written,
			 printed, or graphic matter obscuring the label information required by this
			 regulation; or
(f) packages
			 intended for export to foreign countries. (Amended 1994 and 1998)
Section 2. Definitions
2.1. Package - Except as modified by Section
			 1. Application, the term "package," whether standard package or random package,
			 means any commodity:
(a) enclosed in a
			 container or wrapped in any manner in advance of wholesale or retail sale;
			 or
(b) whose weight 
			 [NOTE 1, page 61] or measure has been
			 determined in advance of wholesale or retail sale. An individual item or lot of
			 any commodity on which there is marked a selling price based on an established
			 price per unit of weight or of measure shall be considered a package or
			 packages.
(Amended 1988 and 1991)
NOTE 1: When used in this regulation, the term "weight"
				means "mass." (See paragraph I. in Section I., Introduction, of NIST Handbook
				130 for an explanation of these terms.)
2.2. Consumer Package of Consumer Commodity.
			 - A package that is customarily produced or distributed for sale through retail
			 sales agencies or instrumentalities for consumption or use by individuals for
			 the purposes of personal care or in the performance of services ordinarily
			 rendered in or about the household or in connection with personal possessions.
(Amended 1988 and 1991)
2.3. Non-consumer Package: Package of
			 Non-consumer Commodity .-Any package other than a consumer package, and
			 particularly a package intended solely for industrial or institutional use or
			 for wholesale distribution.
(Amended 1988 and 1991)
2.4. Random Package.- A package that is one
			 of a lot, shipment, or delivery of packages of the same consumer commodity with
			 no fixed pattern of net contents.
(Amended 1988 and 1990)
2.5. Label. - Any written, printed, or
			 graphic matter affixed to, applied to, attached to, blown into, formed, molded
			 into, embossed on, or appearing upon or adjacent to a consumer commodity, or a
			 package containing any consumer commodity, for purposes of branding,
			 identifying, or giving any information with respect to the commodity or to the
			 contents of the package, except that an inspector's tag or other
			 non-promotional matter affixed to or appearing upon a consumer commodity shall
			 not be considered a label requiring the repetition of label information
			 required by this regulation.
(Amended 1988)
2.6. Person.- The term "person" means either
			 singular or plural and shall include any individual, partnership, company,
			 corporation, association, or society.
(Amended 1988)
2.7. Principal Display Panel or Panels. -
			 That part, or those parts, of a label that is, or are, so designed as to most
			 likely be displayed, presented, shown, or examined under normal and customary
			 conditions of display and purchase. Wherever a principal display panel appears
			 more than once on a package, all requirements pertaining to the "principal
			 display panel" shall pertain to all such "principal display panels."
(Amended 1988)
2.8. Multi-unit Package. - A package
			 containing two or more individual packages of the same commodity, in the same
			 quantity, intended to be sold as a multi-unit package, but where the component
			 packages are labeled individually in full compliance with all requirements of
			 this regulation.
(Amended 1988)
2.9. Combination Package.- A package intended
			 for retail sale, containing two or more individual packages or units of
			 dissimilar commodities.
Examples:
An antiquing or housecleaning kit;
sponge and cleaner;
lighter fluid and flints.
(Added 1989)
2.10. Variety Package.- A package intended
			 for retail sale, containing two or more individual packages or units of
			 similar, but not identical, commodities. Commodities that are generically the
			 same, but that differ in weight, measure, volume, appearance, or quality, are
			 considered similar, but not identical.
Examples:
Two sponges of different sizes;
plastic tableware, consisting of 4 spoons, 4 knives, and 4
				forks.
(Added 1989)
2.11 .Petroleum Products. - Gasoline, diesel
			 fuel, kerosene, or any product (whether or not such a product is actually
			 derived from naturally occurring hydrocarbon mixtures known as "petroleum")
			 commonly used in powering, lubricating, or idling engines or other devices, or
			 is labeled as fuel to power camping stoves or lights. Therefore, sewing machine
			 lubricant, camping fuels, and synthetic motor oil are "petroleum products" for
			 the purposes of this regulation. Brake fluid, copier machine dispersant,
			 antifreeze, cleaning solvents, and alcohol are not "petroleum products."
(Added 1987) (Amended 1988)
2.12. Spot Label. - A spot label is a label
			 clearly defined by means of a border, indentation, or other means that covers
			 only a small portion of the surface of a principal display panel of a package;
			 the entire portion of the principal display panel outside the area of the label
			 contains no printed or graphic matter of any kind. A spot label may contain all
			 required labeling information (identity, responsibility, and net contents), but
			 it must at least indicate the identity and net contents. See Section 11.29.
			 Spot Label for net contents placement exemption for a spot label.
(Added 1990) (Amended 1991)
Click here
				to view image
2.13. Header Strip. - A header label or
			 header strip is a label that is attached across the top of a transparent or
			 opaque bag or other container that bears no other printed or graphic material.
			 See Section 11.30. Header Strip for net contents placement exemptions.
(Added 1990)
Click here
				to view image
2.14. Standard Package. - A package that is
			 one of a lot, shipment, or delivery of packages of the same commodity with
			 identical net contents declarations.
Examples:
1 L bottles or 12 fl oz cans of carbonated soda,
500 g or 5 lb bags of sugar, or
100 m packages of rope
(Added 1991)
2.15. SI or SI Units.-SI or SI Units means
			 the International System of Units as established in 1960 by the General
			 Conference on Weights and Measures and interpreted or modified for the United
			 States by the Secretary of Commerce. See the "Interpretation of the
			 International System of Units for the United States" in the "Federal
			 Register"(Volume 73, No. 96, pages 28432 to 28433) for May 16, 2008, and 15
			 United States Code, Section 205a -2051 "Metric Conversion." See also NIST
			 Special Publication 330 "The International System of Units (SI)" 2008 Edition
			 and NIST Special Publication 811 "Guide for the Use of the International System
			 of Units (SI)" 2008 Edition that are available at
			 www.nist.gov/pml/wmd/index.cfm or by contacting TheSI@nist.gov.
(Added 1993)
Section 3. Declaration of Identity: Consumer
			 Package
3.1. Declaration of Identity:
			 Consumer Package. - A separate declaration of identity 
			 [NOTE 2, page 64] on a consumer package
			 shall appear on the principal display panel and shall not be misleading or
			 deceptive. The identity shall be in terms of:
(a) the name specified in or required by any
			 applicable federal or state law or regulation or, in the absence of
			 this;
(b) the common or usual name
			 or, in the absence of this;
(c) the
			 generic name or other appropriate description, including a statement of
			 function (such as "cleaning powder").
(Amended 1990) (Note added 1986)
NOTE 2: Section 19. (a) ofthe Uniform Weights and
				Measures Law (and
				21 CFR 101.100(b)
				(3) for non meat and non poultry foods)
				specifically exempts food packages from identity statements if the commodity is
				a food, other than meat or poultry, that was repackaged in a retail
				establishment and the food is displayed to the purchaser under either of the
				following circumstances: "(1) its interstate labeling is clearly in view or
				with a counter card, sign, or other appropriate device bearing prominently and
				conspicuously the common or usual name of the food, or (2) the common or usual
				name of the food is clearly revealed by its appearance. "
(Added 1986) (Amended 2001)
3.1.1. Parallel Identity Declaration:
			 Consumer Package. - A declaration of the identity on a consumer package shall
			 appear generally parallel to the base on which the package rests as it is
			 designed to be displayed.
Section 4. Declaration of Identity:
			 Non-consumer Package A declaration of identity
[NOTE
2'
page
										64] on a non-consumer package shall appear
			 on the outside of a package and shall not be misleading or deceptive. The
			 identity shall be in terms of:
(a) the name
			 specified in or required by any applicable federal or state law or regulation
			 or, in the absence of this;
(b) the
			 common or usual name or, in the absence of this;
(c) the generic name or other appropriate
			 description, including a statement of function (such as "cleaning powder").
(Amended 1990) (Note added 1986)
Section 5. Declaration of Responsibility:
			 Consumer and Nonconsumer Packages
Any package kept, offered, or exposed for sale, or sold at any
				place other than on the premises where packed shall specify conspicuously on
				the label of the package the name and address of the manufacturer, packer, or
				distributor. The name shall be the actual corporate name, or, when not
				incorporated, the name under which the business is conducted. The address shall
				include street address, city, state (or country if outside the United States),
				and ZIP Code (or the mailing 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.
If a person manufactures, packs, or distributes a commodity at
				a place other than his principal place of business, the label may state the
				principal place of business in lieu ofthe actual place where the commodity was
				manufactured or packed or is to be distributed, unless such statement would be
				misleading. Where the commodity is not manufactured by the person whose name
				appears on the label, the name shall be qualified by a phrase that reveals the
				connection such person has with such commodity, such as "Manufactured for and
				packed by__________," "Distributed by__________," or any other wording of
				similar import that expresses the facts.
Section
			 6. Declaration of Quantity: Consumer Packages
6.1. General.[NOTE 3, page
				65] - The International System of Units (SI), known as the metric
			 system and the inch-pound system of weights and measures are recognized as
			 proper systems to be used in the declaration of quantity. Effective February
			 14, 1994, appropriate units of both systems shall be presented in a declaration
			 of quantity except as specified in Section 11.32. SI Units, Exemptions for
			 Consumer Commodities and Section 11.33 Inch-Pound Units, Exemptions - Consumer
			 Commodities.
(Amended 1985, 1990, 1993, and 1999)
NOTE 3: Packages subject to this Section and/or the
				Federal Fair Packaging and Labeling Act shall be labeled in units of the
				International System of Units (SI) and the inch-pound system of measure
				effective February 14, 1994, [except for seed (see Section 10.10. Packaged
				Seed) and camera film and recording tape (see Section 11.22. Camera Film, Video
				Recording Tape, Audio Recording Tape and Other Image and Audio Recording Media
				Intended for Retail Sale and Consumer Use), and as specified in Section 11.32.
				SI Units, Exemptions - Consumer Commodities]. SI units may appear
				first.
(Added 1982) (Amended 1990 and 1993)
6.2. Largest Whole Unit - Where this
			 regulation requires that the quantity declaration be in terms of the largest
			 whole unit, the declaration shall, with respect to a particular package, be in
			 terms of the largest whole unit of weight or measure with any remainder
			 expressed (following the requirements of Section 6.5.2. (a) Fractions and
			 Section 6.11. Fractions):
(a) SI Units. - in
			 decimal fractions of such largest whole unit.
(b) Inch-pound Units.
(1) in common or decimal fractions of such
			 largest whole unit; or
(2) in the
			 next smaller whole unit or units with any further remainder in terms of common
			 or decimal fractions of the smallest unit present in the quantity declaration.
6.3. Net
			 Quantity. - A declaration of net quantity of the commodity in the package,
			 exclusive of wrappers and any other material packed with such commodity (except
			 as noted in Section 10.3. Aerosols and Similar Pressurized Containers), shall
			 appear on the principal display panel of a consumer package and, unless
			 otherwise specified in this regulation (see Sections 6.6. through 6.9.
			 Prescribed Units), shall be in terms of the largest whole unit.
6.3.1. Use of "Net Mass" or "Net Weight" - A
			 quantity declaration may stand alone [e.g., "200 g (7 oz)" or "1 lb (453 g)"]
			 or may include the term "net mass" or "net weight" either preceding or
			 following the declaration. The term "net" by itself may be used on food labels.
			 However, the quantity of contents shall always declare the net quantity of
			 contents even when such terms are not used.
(Amended 1993)
6.3.2. Lines of Print or Type.- A declaration
			 of quantity may appear on one or more lines of print or type. (Amended
			 1982)
6.4. Terms: Weight,
			 Measure, Volume, or Count - The declaration of the quantity of a particular
			 commodity shall be expressed in terms of:
(a)
			 weight if the commodity is solid, semisolid, viscous, or a mixture of solid and
			 liquid;
(b) volume measure if the
			 commodity is liquid or dry, if the commodity is dry;
(c) linear measure or area; or
(d) numerical count.
However, if there exists a firmly established general consumer
				usage and trade custom with respect to the terms used in expressing a
				declaration of quantity of a particular commodity, such a declaration of
				quantity may be expressed in its traditional terms, provided such traditional
				declaration gives accurate and adequate information as to the quantity of the
				commodity. Any net content statement that does not permit price and quantity
				comparisons is forbidden.
(Amended 1989)
6.4.1. Combination Declaratioa
(a) A declaration of quantity in terms of
			 weight or volume shall be combined with appropriate declarations of the
			 measure, count, and size of the individual units unless a declaration of weight
			 alone is fully informative.
(b) A
			 declaration of quantity in terms of measure shall be combined with appropriate
			 declarations of the weight, volume, count, and size of the individual units
			 unless a declaration of measure alone is fully informative.
(c) A declaration of quantity in terms of
			 count shall be combined with appropriate declarations of the weight, volume,
			 measure, and size of the individual units unless a declaration of count alone
			 is fully informative.
(Added 1971)
6.5. SI Units: Mass,
			 Measure.
NOTE 3, page 65]
- A
			 declaration of quantity:
(a) in units of mass
			 shall be the kilogram, gram, or milligram;
(b) in units of liquid measure shall be the
			 liter or milliliter and shall express the volume at 20 °C, except in the
			 case of petroleum products or distilled spirits, for which the declaration
			 shall express the volume at 15.6 °C, and except also in the case of a
			 commodity that is normally sold and consumed while frozen, for which the
			 declaration shall express the volume at the frozen temperature, and except also
			 in the case of malt beverages or a commodity that must be maintained in the
			 refrigerated state, for which the declaration shall express the volume at 4
			 °C;
(Amended 1985 and 1990)
(c) in units of linear measure shall be the
			 meter, centimeter, or millimeter;
(d) in units of area measure shall be the
			 square meter, square decimeters, square centimeter, or square
			 millimeter;
(e) in units of volume
			 other than liquid measure shall be the liter and milliliter, except that the
			 units cubic meter and cubic centimeter shall be used only when specifically
			 designated as a method of sale;
(f)
			 Rule of 1000.- The selected multiple or submultiple prefixes for SI units shall
			 result in numerical values between 1 and 1000. This rule allows centimeters or
			 millimeters to be used where a length declaration is less than 100 centimeters.
Examples:
500 g, not 0.5 kg;
1.96 kg, not 1960 g;
750 mL, not 0.75 L; or
750 mm or 75 cm, not 0.75 m
(Added 1993)
(g) SI declarations should be shown in three
			 digits except where the quantity is below 100 grams, milliliters, centimeters,
			 square centimeters, or cubic centimeters, where it may be shown in two digits.
			 In either case, any final zero appearing to the right of the decimal point need
			 not be shown; and
(Added 1993)
(h) The declaration of net quantity of
			 contents shall not be expressed in mixed units.
Example:
1.5 kg, not lkg 500 g.
(Added 1993)
6.5.1. Symbols. - Any of the following
			 symbols for SI units, and none other, may be employed in the quantity statement
			 on a package of commodity:
centimeter
cm
cubic centimeter
cm3
meter
m
milligram
mg
liter
Lorl
milliliter
mL or ml
square centimeter
cm2
micrometer
(im
cubic meter
m3
kilogram
kg
gram
g
millimeter
mm
m
square meter
m2
cubic decimeter
dm3
square decimeter
dm2
microgram
ug or meg
(a) Symbols 
			 [NOTE 4, page 67], - except for liter, are
			 not capitalized unless the unit is derived from a proper name. Periods shall
			 not be used after the symbol. Symbols shall always be written in the singular
			 form. Adding "s" to an SI symbol to express the plural of the symbol is
			 prohibited.
(b) The "L" symbol and
			 the "mL" symbol are preferred; however, the "1" symbol for liter and "ml"
			 symbol for milliliter are permitted.
(Amended 1980 and 1993)
NOTE 4: The "e " mark shall not be considered to be a
				qualifying word or phrase and may be used as part of the statement of the net
				quantity of contents where warranted. When used, the "e" mark shall be at least
				3 mm (approximately Vs in) in height. The term "e " mark refers to the symbol
				"e " used in connection with the quantity declarations on labels of some
				consumer commodities marketed primarily in the European Union (EU). The "e"
				mark constitutes a representation by the packer or importer that the package to
				which it is applied has been filled in accordance with the average system of
				quantity specified by the EU. The average system is a method of declaring
				package fill in the EU and other countries of the world, including the United
				States.
(Added 1993)
6.5.2. Fractions and Prefixes.
(a) Fractions: An SI statement in a
			 declaration of net quantity of contents of any consumer commodity may contain
			 only decimal fractions.
(b)
			 Prefixes: The following chart indicates SI prefixes that may be used on a broad
			 range of consumer commodity labels to form multiples and sub multiples of SI
			 units:
Prefix
Symbol
Multiplying Factor*
kilo-
k
xlO3
deka-**
da
xlO
deci-**
d
xlO"1
centi-***
c
xlO-2
milli-
m
xlO-3
micro-****
u
xlO"6
*102 = 100;
				103 = 1000; 10"1 = 0.1;
				10-2 = 0.01
Thus, 2 kg = 2 x 1000 g = 2000 g and 3 cm = 3 x 0.01 m = 0.03
				m
**Not permitted on food labels.
***Should only be used with "meter."
****Shall only be used for measurements less than 1 mm.
(Amended 1993)
6.6. Prescribed Units, SI.[NOTE
				3, page 65]
6.6.1. Less than 1
			 Meter, 1 Square Meter, 1 Kilogram, 1 Cubic Meter, or 1 Liter.- The declaration
			 of quantity shall be expressed as follows:
(a) length measure of less than 1 meter: in
			 centimeters or millimeters; (Amended 1979)
(b) area measure of less than 1
			 m2: in square decimeters and decimal fractions of a
			 square decimeter or in square centimeters and decimal fractions of a square
			 centimeter;
(c) mass of less than 1
			 kg: in grams and decimal fractions of a gram, but if less than 1 g, then in
			 milligrams;
(d) liquid or dry
			 measure of less than 1 L: in milliliters; and
(e) cubic measure less than 1
			 m3: in cubic centimeters or cubic decimeters
			 (liters) [See Sectionl0.ll. Cubic Measure in Compressed Form];
(Added 1993)
provided
the quantity declaration appearing on
				a random mass package may be expressed in units of decimal fractions of the
				largest appropriate unit, the fraction being carried out to not more than three
				decimal places.
(Amended 1980 and 1993)
6.6.2. One Meter, 1 Square Meter, 1 Kilogram,
			 1 Liter, 1 Cubic Meter, or More.- In the case of:
(a) length measure of 1 m or more: in meters
			 and decimal fractions to not more than three places;
(b) area measure of 1
			 m2 or more: in square meters and decimal fractions
			 to not more than three places;
(c)
			 mass of 1 kg or more: in kilograms and decimal fractions to not more than three
			 places;
(d) liquid or dry measure
			 of 1 L or more: in liters and decimal fractions to not more than three places;
			 and
(Added 1986) (Amended 1993)
(e) cubic measure of 1
			 m3 or more: in cubic meters and decimal fractions to
			 not more than three places (See Section 10.11. Cubic Measure in Compressed
			 Form).
(Added 1993)
6.7. Inch-Pound Units: Weight, Measure.- A
			 declaration of quantity:
(a) in units of
			 weight shall be in terms of the avoirdupois pound or ounce;
(b) in units of liquid measure shall be in
			 terms of the United States gallon of 231 in3 or
			 liquid quart, liquid pint, or fluid-ounce subdivisions of the gallon and shall
			 express the volume at 68 °F, except in the case of petroleum products and
			 distilled spirits, for which the declaration shall express the volume at 60
			 °F, and except also in the case of a commodity that is normally sold and
			 consumed while frozen, for which the declaration shall express the volume at
			 the frozen temperature, and except also in the case of a commodity that must be
			 maintained in the refrigerated state, for which the declaration shall express
			 the volume at 40 °F, and except also in the case of malt beverages, for
			 which the declaration shall express the volume at 39.1 °F;
(Amended 1985 and 1990)
(c) in units of linear measure shall be in
			 terms of the yard, foot, or inch;
(d) in units of area measure shall be in
			 terms of the square yard, square foot, or square inch;
(e) in units of volume measure shall be in
			 terms of the cubic yard, cubic foot, or cubic inch (see Section 10.11. Cubic
			 Measure in Compressed Form); and
(f) in units of dry measure shall be in terms
			 of the United States bushel of 2150.42 in3, or peck,
			 dry quart, and dry pint subdivisions of the bushel (see Section 10.11. Cubic
			 Measure in Compressed Form).
6.7.1.
			 Symbols and Abbreviations. - Any of the following symbols and abbreviations,
			 and none other, shall be employed in the quantity statement on a package of
			 commodity:
avoirdupois
avdp
piece
pc
pint
Pt
pound
lb
feet or foot
ft
fluid
fl
gallon
gal
inch
in
liquid
liq
diameter
dia
ounce
oz
count
ct
cubic
cu
each
ea
quart
qt
square
sq
weight
wt
yard
yd
drained
dr
A period should not be used after the abbreviation.
				Abbreviations should be written in singular form; and "s" should not be added
				to express the plural. (For example, "oz" is the symbol for both "ounce" and
				"ounces.") Both upper and lower case letters are acceptable.
(Added 1974) (Amended 1980, 1990, and 1993)
6.7.2. Unitsof Two or More Meanings.- When
			 the term "ounce" is employed in a declaration of liquid quantity, the
			 declaration shall identify the particular meaning of the term by the use of the
			 term "fluid;" however, such distinction may be omitted when, by association of
			 terms (for example, as in "1 pint 4 ounces"), the proper meaning is obvious.
			 Whenever the declaration of quantity is in terms of the dry pint or dry quart,
			 the declaration shall include the word "dry."
(Amended 1982)
6.8. Prescribed Units, Inch-pound System.
6.8.1. Less than 1 foot, 1 square foot, 1
			 pound, or 1 pint. - The declaration of quantity shall be expressed in the
			 following terms:
(a) in the case of length
			 measure of less than 1 ft, in inches and fractions of inches;
(b) in the case of area measure of less than
			 1 ft2, in square inches and fractions of square
			 inches;
(c) in the case of weight
			 of less than 1 lb, in ounces and fractions of ounces; and
(d) in the case of liquid measure of less
			 than 1 pt, in fluid ounces and fractions of fluid ounces, provided, the
			 quantity declaration appearing on a random package may be expressed in terms of
			 decimal fractions of the largest appropriate unit, the fraction being carried
			 out to not more than three decimal places.
(Amended 1984)
6.8.2. 0ne Foot, 1 Square Foot, 1 Pound, 1
			 Pint, 1 Gallon, or More.-The declaration of quantity shall be expressed in the
			 following terms (see Section 6.2. Largest Whole Unit and Section 6.11.
			 Fractions):
(a) Linear Measure. - If 1 ft or
			 more, expressed in terms of the largest whole unit (a yard or a foot) with any
			 remainder expressed in inches and fractions of the inch or in fractions of the
			 foot or yard, except that it shall be optional to include a statement of length
			 in terms of inches.
(b) Area
			 Measure.
(1) If 1
			 ft2 or more, but less than 4
			 ft2, expressed in square feet with any remainder
			 expressed in square inches and fractions of a square inch or in fractions of a
			 square foot; and
(2) If 4
			 ft2 or more, expressed in terms of the largest whole
			 unit (e.g., square yards 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.
(c) Weight.
			 - If 1 lb or more, expressed in terms of the largest whole unit with any
			 remainder expressed in ounces and fractions of an ounce or in fractions of the
			 pound.
(d) Liquid Volume.
(1) If 1 pt or more, but less than 1 gal,
			 expressed in the largest whole unit (quarts, quarts and pints, or pints, as
			 appropriate) with any remainder expressed in fluid ounces or fractions of the
			 pint or quart, except that 2 qt may be declared as
Vi
gal, and
			 it shall be optional to include an additional expression of net quantity in
			 fluid ounces; or
(2) If 1 gal or
			 more, expressed in terms of the largest whole unit (gallons followed by
			 fractions of a gallon or by the next smaller whole unit or units [for example,
			 quarts and pints]) with any remainder expressed in fluid ounces or fractions of
			 the pint or quart, except that it shall be optional to include an additional
			 expression of net quantity in fluid ounces.
(e) Dry Measure. - If 1 dry pt or more,
			 expressed in terms of the largest whole unit with the remainder expressed in
			 fractions of a dry pint, dry quart, peck, or bushel, provided the quantity
			 declaration on a random package may be expressed in decimal fractions of the
			 largest appropriate unit carried out to not more than three decimal places.
(Amended 1993)
6.9. Bi-dimensional Commodities. - For
			 bi-dimensional commodities (including roll-type commodities) the quantity
			 declaration shall be expressed in both SI and inch-pound units of measurement
			 as follows:
(a) if the area is less than 929
			 cm2 (1 ft2), in terms of
			 length and width (expressed in the largest whole unit for SI and in linear
			 inches and fractions of linear inches for inch-pound)
Example:
20.3 cm x 25.4 cm (8 in x 10 in);
(b) if the area is at least 929
			 cm2 (1 ft2), but less
			 than 37.1 dm2 (4 ft2), in
			 terms of area (expressed in the largest whole unit for SI and in square inches
			 for inch-pound), followed by a declaration of the length and width in terms of
			 the largest whole unit
Example:
31 dm2 (49 cm x 64 cm) 3.36
				ft2 (1.6 ft x 2.1 ft), provided:
(1) bi-dimensional commodities having a width
			 of 10 cm (4 in) or less, the declaration of net quantity shall be expressed in
			 terms of width and length in linear measure; no declaration of area is
			 required;
(2) an inch-pound
			 dimension of less than 2 ft may be stated in inches;
(3) commodities consisting of usable
			 individual units (e.g., paper napkins) require a declaration of unit area but
			 not a declaration of total area of all such units (except roll-type commodities
			 with individual usable units created by perforations, for which see Section
			 6.10. Count: Ply); and
(4)
			 inch-pound declarations may include after the statement of the linear
			 dimensions in the largest whole unit a parenthetical declaration of the same
			 dimensions in inches.
Example:
25 ft2 (12 in x 8.33 yd) (12 in x
				300 in).
(c) if
			 the area is 37.1 dm2 (4
			 ft2) or more, in terms of area (expressed in the
			 largest whole unit for SI and in square feet for inch-pound), followed by a
			 declaration of the length and width, in terms of the largest whole unit,
			 provided:
(1) no declaration of area is
			 required for a bi-dimensional commodity with a width of 10 cm (4 in) or
			 less;
(2) bi-dimensional
			 commodities with a width of 10 cm (4 in) or less, the inch-pound statement of
			 width shall be expressed in terms of linear inches and fractions thereof, and
			 length shall be expressed in the largest whole unit (yard or foot) with any
			 remainder in terms of fractions of the yard or foot, except that it shall be
			 optional to express the length in the largest whole unit followed by a
			 statement of length in inches or to express the length in inches followed by a
			 statement of length in the largest whole unit;
Examples:
5 cm x 9.14 m (2 in x 10 yd); or
5 cm x 9.14 m (2 in x 10 yd) (360 in); or
5 cm x 9.14 m (2 in x 360 in) (10 yd).
(3) an inch-pound dimension of less than 2 ft
			 may be stated in inches; and
(d) no declaration of area is required for
			 commodities for which the length and width measurements are critical in terms
			 of end use (such as wallpaper border) if such commodities clearly present the
			 length and width measurements on the label.
6.10. Count: Ply.- If the commodity is in
			 individually usable units of one or more components or plies, the quantity
			 declaration shall, in addition to complying with other applicable quantity
			 declaration requirements of this regulation, include the number of plies and
			 total number of usable units.
Roll type commodities, when perforated so as to identify
				individual usable units, shall not be deemed to be made up of usable units;
				however, such roll type commodities shall be labeled in terms of:
(a) total area measurement;
(b) number of plies;
(c) count of usable units; and
(d) dimensions of a single usable unit.
			 (Amended 1988)
6.11.
			 Fractions.
(a) Inch-pound: An inch-pound
			 statement of net quantity of contents of any consumer commodity may contain
			 common or decimal fractions. A common fraction shall be in terms of halves,
			 quarters, eighths, sixteenths, or thirty-seconds, except that:
(1) if there exists a firmly established
			 general consumer usage and trade custom of employing different common fractions
			 in the net quantity declaration of a particular commodity, they may be
			 employed; and
(2) if linear
			 measurements are required in terms of yards or feet, common fractions may be in
			 terms of thirds.
(b)
			 Common fractions: A common fraction shall be reduced to its lowest term.
Example:2A becomes
Vi
(c)
			 Decimal fractions: A decimal fraction shall not be carried out to more than
			 three places. (Amended 1986 and 1993)
6.12. Supplementary Quantity Declarations.-
			 The required quantity declaration may be supplemented by one or more
			 declarations of weight, measure, or count, such declaration appearing other
			 than on a principal display panel. Such supplemental statement of quantity of
			 contents shall not include any term qualifying a unit of weight, measure, or
			 count that tends to exaggerate the amount of commodity contained in the package
			 (e.g., "giant" quart, "larger" liter, "full" gallon, "when packed," "minimum,"
			 or words of similar import).
6.13.
			 Rounding.
[NOTE
3'
page
											72] - In all conversions for the purpose
			 of showing an equivalent SI or inch-pound quantity to a rounded inch-pound or
			 SI quantity, or in calculated values to be declared in the net quantity
			 statement, the number of significant digits retained must be such that accuracy
			 is neither sacrificed nor exaggerated. Conversions, the proper use of
			 significant digits, and rounding must be based on the packer's knowledge of the
			 accuracy of the original measurement that is being converted. In no case shall
			 rounded net contents declarations overstate a quantity; the packer may round
			 converted values down to avoid overstating the net contents.
(Amended 1993)
NOTE 5: When as a result of rounding SI or customary
				inch-pound declarations the resulting declarations are not exact, the largest
				declaration (either metric or inch-pound) will be used for enforcement purposes
				to determine whether a package contains at least the declared amount of the
				product.
6.14.
			 Qualification of Declaration Prohibited. - In no case shall any declaration of
			 quantity be qualified by the addition of the words "when packed," "minimum," or
			 "not less than" or any words of similar import (e.g., "approximately"), nor
			 shall any unit of weight, measure, or count be qualified by any term (such as
			 "jumbo," "giant," "full," or the like) that tends to exaggerate the amount of
			 commodity.
(Amended 1998)
6.15. Character of Declaration: Average.- The
			 average quantity of contents in the packages of a particular lot, shipment, or
			 delivery shall at least equal the declared quantity, and no unreasonable
			 shortage in any package shall be permitted even though overages in other
			 packages in the same shipment, delivery, or lot compensate for such shortage.
(Added 1981)
6.16. Random Packages.- A random weight
			 package must bear a label conspicuously declaring:
(a) the net weight;
(b) unit price; and
(c) the total price.
In the case of a random package packed at one place for
				subsequent sale at another, neither the price per unit of weight nor the total
				selling price need appear on the package, provided the package label includes
				both such prices at the time it is offered or exposed for sale at
				retail.
(Added 1999)
Section 7. Declaration of Quantity:
			 Non-consumer Packages
7.1. General.- The SI
			 and inch-pound systems of weights and measures are recognized as proper systems
			 to be used in the declaration of quantity. Units of both systems may be
			 combined in a dual declaration of
			 quantity.
[NOTE
6'
page
											73] (See Section 6.3. Net Quantity, and
			 Section 6.3.1. Use of "Net Mass" or "Net Weight.")
NOTE 6: Although non-consumer packages under this
				Regulation may bear SI declarations only, this Regulation should not be
				construed to supersede any labeling requirement specified in federal
				law.
7.2.
			 Location.- A non-consumer package shall bear on the outside a declaration of
			 the net quantity of contents. Such declaration shall be in terms of the largest
			 whole unit (see Section 6.2. Largest Whole Unit; for small packages, see
			 Section 11.16. Small Packages).
7.3. Terms: Weight, Liquid Measure, Dry
			 Measure, or Count - The declaration of the quantity of a particular commodity
			 shall be expressed in terms of liquid measure if the commodity is liquid, in
			 terms of dry measure if the commodity is dry, in terms of weight if the
			 commodity is solid, semisolid, viscous, or a mixture of solid and liquid, or in
			 terms of numerical count. However, if there exists a firmly established general
			 consumer usage and trade custom with respect to the terms used in expressing a
			 declaration of quantity of a particular commodity, such declaration of quantity
			 may be expressed in its traditional terms if such traditional declaration gives
			 accurate and adequate information as to the quantity of the
			 commodity.
7.4. SI Units: Mass,
			 Measure.- A declaration of quantity:
(a) in
			 units of mass shall be in terms of the kilogram, gram, or milligram;
(b) in units of liquid measure shall be in
			 terms of the liter or milliliter, and shall express the volume at 20 °C,
			 except in the case of petroleum products or distilled spirits, for which the
			 declaration shall express the volume at 15.6 °C, and except also in the
			 case of a commodity that is normally sold and consumed while frozen, for which
			 the declaration shall express the volume at the frozen temperature, and except
			 also in the case of malt beverages or a commodity that is normally sold in the
			 refrigerated state, for which the declaration shall express the volume at 4
			 °C;
(Amended 1985)
(c) in units of linear measure shall be in
			 terms of the meter, centimeter, or millimeter;
(d) in units of area measure shall be in
			 terms of the square meter, square decimeter, square centimeter or square
			 millimeter;
(e) in units of volume
			 other than liquid measure shall be in terms of the liter and milliliter, except
			 that the terms cubic meter, cubic decimeter, and cubic centimeter will be used
			 only when specifically designated as a method of sale;
(f) Rule of 1000. - The selected multiple or
			 submultiple prefixes for SI units shall result in numerical values between 1
			 and 1000. This rule allows centimeters or millimeters to be used where a length
			 declaration is less than 100 centimeters;
Examples:
500 g, not 0.5 kg;
1.96 kg, not 1960 g;
750 mL, not 0.75 L; or
750 mm or 75 cm, not 0.75 m;
(Added 1993)
(g) SI declarations should be shown in three
			 digits except where the quantity is below 100 grams, milliliters, centimeters,
			 square centimeters, or cubic centimeters where it can be shown in two digits.
			 In either case, any final zero appearing to the right of the decimal point need
			 not be shown; and
(Added 1993)
(h) the declaration of net quantity of
			 contents shall not be expressed in mixed units.
Example:
1.5 kg, not lkg 500 g
7.4.1. Symbols.- Only those symbols as
			 detailed in Section 6.5.1. Symbols, and none other, may be employed in the
			 quantity statement on a package of commodity.
7.5. Inch-poundUnits: Weight, Measure.- A
			 declaration of quantity:
(a) in units of
			 weight shall be in terms of the avoirdupois pound or ounce;
(b) in units of liquid measure shall be in
			 terms of the United States gallon of 231 cubic inches or liquid quart, liquid
			 pint, or fluid ounce subdivisions of the gallon and shall express the volume at
			 68 °F, except in the case of petroleum products or distilled spirits, for
			 which the declaration shall express the volume at 60 °F, and except also in
			 the case of a commodity that is normally sold and consumed while frozen, for
			 which the declaration shall express the volume at the frozen temperature, and
			 except also in the case of a commodity that is normally sold in the
			 refrigerated state, for which the declaration shall express the volume at 40
			 °F, and except also in the case of malt beverages, for which the
			 declaration shall express the volume at 39.1 °F;
(Amended 1985)
(c) in units of linear measure shall be in
			 terms of the yard, foot, or inch;
(d) in units of area measure shall be in
			 terms of the square yard, square foot, or square inch;
(e) in units of volume measure shall be in
			 terms of the cubic yard, cubic foot, or cubic inch; and
(f) in units of dry measure, shall be in
			 terms of the United States bushel of 2150.42 in3, or
			 peck, dry quart, and dry pint subdivisions of the bushel.
7.5.1. Symbols and Abbreviations. - Any
			 generally accepted symbol and abbreviation of a unit name may be employed in
			 the quantity statement on a package of commodity. (For commonly accepted
			 symbols and abbreviations, see Section 6.7.1. Symbols and Abbreviations.)
7.6. Character of
			 Declaration: Average.- The average quantity of contents in the packages of a
			 particular lot, shipment, or delivery shall at least equal the declared
			 quantity, and no unreasonable shortage in any package shall be permitted, even
			 though overages in other packages in the same shipment, delivery, or lot
			 compensate for such shortage.
Section
			 8. Prominence and Placement: Consumer Packages
8.1. General.- All information required to
			 appear on a consumer package shall appear thereon in the English language and
			 shall be prominent, definite, plain, and conspicuous as to size and style of
			 letters and numbers and as to color of letters and numbers in contrast to color
			 of background. Any required information that is either in hand lettering or
			 hand script shall be entirely clear and equal to printing in legibility.
8.1.1. Location.-The declaration or
			 declarations of quantity of the contents of a package shall appear in the
			 bottom 30 % of the principal display panel or panels. For cylindrical
			 containers, see also Section 10.7. Cylindrical Containers for additional
			 requirements. For small packages, see Section 11.16 Small Packages.
(Amended 1975)
8.1.2. Style of Type or Lettering.-The
			 declaration or declarations of quantity shall be in such a style of type or
			 lettering as to be boldly, clearly, and conspicuously presented with respect to
			 other type, lettering, or graphic material on the package, except that a
			 declaration of net quantity blown, formed, or molded on a glass or plastic
			 surface is permissible when all label information is blown, formed, or molded
			 on the surface.
8.1.3. Color
			 Contrast.-The declaration or declarations of quantity shall be in a color that
			 contrasts conspicuously with its background, except that a declaration of net
			 quantity blown, formed, or molded on a glass or plastic surface shall not be
			 required to be presented in a contrasting color if no required label
			 information is on the surface in a contrasting color.
8.1.4. Free Area.-The area surrounding the
			 quantity declaration shall be free of printed information:
(a) above and below, by a space equal to at
			 least the height of the lettering in the declaration; and
(b) to the left and right, by a space equal
			 to twice the width of the letter "N" of the style and size of type used in the
			 declaration.
8.1.5.
			 Parallel Quantity Declaration.-The quantity declaration shall be presented in
			 such a manner as to be generally parallel to the declaration of identity and to
			 the base on which the package rests as it is designed to be
			 displayed.
8.2.
			 Calculation of Area of Principal Display Panel for Purposes of Type Size.- The
			 area of the principal display panel shall be:
(a) in the case of a rectangular container,
			 one entire side that properly can be considered to be the principal display
			 panel, the product of the height times the width of that side;
For Figure 3, the area of the principal display panel is 20 cm
				(8 in) x 15 cm (6 in) = 300 cm2 (48
				in2).
Click here
				to view image
Figure 3.
Click here
				to view image
Figure 4.
in the case of a cylindrical or nearly cylindrical container,
				40 % of the product of the height of the container times the
				circumference;
For Figure 4, the area of the principal display panel
				is:
25 cm (10 in) x 5 cm (2 in) = 125 cm (20
				in2) x 0.40 = 50 cm2 (8
				in2)
(see also Section 10.7. Cylindrical Containers).
The area of the principal display panel is the same in both
				examples. The declaration of net quantity of contents must be of the same
				height in both cases. It is not the size of the label that is used to determine
				the minimum type size of the quantity statement, but the size of the surface of
				the package exposed to view to the customer. The package on the right side of
				the figure has a spot label (see Section 2.12. Spot Label and Section 11.29.
				Spot Label); and
(b) in the
			 case of any other shaped container, 40 % of the total surface of the container,
			 unless such container presents an obvious principal display panel (e.g., the
			 top of a triangular or circular package of cheese, or the top of a can of shoe
			 polish), in which event the area shall consist of the entire such surface.
Click here
				to view image
Figure 5.
Determination of the principal display panel shall exclude
				tops, bottoms, flanges at tops and bottoms of cans, and shoulders and necks of
				bottles or jars.
8.2.1.
			 Minimum Height of Numbers and Letters. - The height of any letter or number in
			 the required quantity declaration shall be not less than that shown in Table 1
			 with respect to the area of the panel, and the height of each number of a
			 common fraction shall meet one-half the minimum height standards. When upper
			 and lowercase or all lowercase letters are used, it is the lowercase "o" or its
			 equivalent that shall meet the minimum height requirement. When upper and
			 lowercase or all lowercase letters are used in SI symbols, it is the uppercase
			 "L," lowercase "d," or their equivalent in the print or type that shall meet
			 the minimum height requirement. However, no letter shall be less than 1.6 mm
(Vi6
in) in height. Other letters and exponents must be presented
			 in the same type style and in proportion to the type size used.
(Amended 1993)
8.2.2. Numbers and Letters: Proportion. -No
			 number or letter shall be more than three times as high as it is wide.
Table 1. Minimum Height of Numbers and Letters
Area of
Principal Display Panel
Minimum Height of Numbers and Letters
Minimum Height; Label Information Blown, Formed, or
						  Molded on Surface of Container
< 32 cm2 (5
						  in2)
1.6 mm
(Vie in)
3.2 mm (7s in)
> 32 cm2
(5 in2) < 161
						  cm2 (25 in2)
3.2 mm (7s in)
4.8 mm
(7ie in)
> 161 cm2 (25
						  in2) < 645 cm2 (100
						  in2)
4.8 mm
(7ie in)
6.4 mm (!/4 in)
> 645 cm2
(100 in2) 2581
						  cm2 (400 in2)
6.4 mm (!/4 in)
7.9 mm
(7ie in)
>2581 cm2 (400
						  in2)
12.7 mm C/2 in)
14.3 mm
(7ie in)
Symbols: < means less than or equal to; < means
						  less than; > means greater than.
NOTE: The type size requirements specified in this
						  table do not apply to the "e" mark
[NOTE
4'
page
																	67].
Section 9. Prominence and Placement:
			 Non-consumer Packages
9.1. General.- All
			 information required to appear on a non-consumer package shall be definitely
			 and clearly stated thereon in the English language. Any required information
			 that is either in hand lettering or hand script shall be entirely clear and
			 equal to printing in legibility.
Section 10. Requirements: Specific Consumer
			 Commodities, Non-consumer Commodities, Packages, Containers (Title amended
			 1979)
10.1. Display Card Package.- For an
			 individual package affixed to a display card, or for a commodity and display
			 card together comprising a package, the type size of the quantity declaration
			 is governed by the dimensions of the display card.
10.2. Eggs.- When cartons containing 12 eggs
			 have been designed so as to permit division in half by the retail purchaser,
			 the required quantity declaration shall be so positioned as to have its context
			 destroyed when the carton is divided.
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.
10.4. Multi-unit
			 Package
s.[NOTE
7'page78] - Any
			 package containing more than one individual "commodity in package form" (see
			 Section 2.1. Package) of the same commodity shall bear on the outside of the
			 package a declaration of:
(a) the number of
			 individual units;
(b) the quantity
			 of each individual unit; and
(c)
			 the total quantity of the contents of the multi-unit package.
Example:
Soap bars, 6 Bars, Net Wt 100 g (3.53 oz) each
Total Net Wt 600 g (1.32 lb).
The term "total" or the phrase "total contents" may precede the
				quantity declaration.
A multi-unit package containing unlabeled individual packages
				which are not intended for retail sale separate from the multi-unit package may
				contain, in lieu of the requirements of section (a), a declaration of quantity
				of contents expressing the total quantity of the multi-unit package without
				regard for inner packaging. For such multi-unit packages it shall be optional
				to include a statement of the number of individual packages when such a
				statement is not otherwise required by the regulations.
Examples:
Deodorant Cakes:
5 Cakes, Net Wt 113 g (4 oz) each, Total Net Wt 566 g (1.25
				lb); or
5 Cakes, Total Net Wt 566 g (1 lb 4 oz)
Soap Packets:
10 Packets, NetWt 56.6 g (2 oz) each, Total NetWt 566 g
				(1.251b); or NetWt 566 g (1 lb 4 oz); or
10 Packets, Total Net Wt 566 g (1 lb 4 oz)
(Amended 1993)
NOTE 7 :For foods, a "multi-unit" package means a
				package containing two or more individually packaged units of the identical
				commodity in the same quantity, intended to be sold as part of the multi-unit
				package but labeled to be individually sold in full compliance with this
				regulation. Open multi-unit retail food packages under the authority of the FDA
				or the USDA that do not obscure the number of units or prevent examination of
				the labeling on each of the individual units are not required to declare the
				number of individual units or the total quantity of contents of the multi-unit
				package if the labeling of each individual unit complies with requirements so
				that it is capable of being sold individually. (See also Section 11.11. Soft
				Drink Bottles and Section 11.12.Multi- Unit Soft-Drink
				Bottles.)
(Added 1984)
10.5. Combination Packages. - A combination
			 package is a package intended for retail sale, containing two or more
			 individual packages or units of dissimilar commodities. The declaration of net
			 quantity for a combination package shall contain an expression of weight,
			 volume, measure, or count or a combination thereof, as appropriate, for each
			 individual package or unit, provided the quantity statements for identical
			 packages or units shall be combined. This section does not apply to food or
			 other commodities subject to the Federal Food, Drug, and Cosmetic Act (21 USC).
Examples:
Lighter Fluid and Flints -
2 cans lighter fluid - each 236 mL (8 fl oz)
1 package - 8 flints
Sponges and Cleaner -
2 sponges - each 10 cm x 15 cm x 2.5 cm (4 in x 6 in x 1 in) 1
				box cleaner - net mass 170 g (6 oz)
Picnic Pack -
20 spoons, 10 knives, and 10 forks
10 2-ply napkins 25 cm x 25 cm (10 in x 10 in)
10 cups - 177 mL (6 fl oz)
(Amended 1993)
10.6. Variety Packages.- A variety package is
			 a package intended for retail sale, containing two or more individual packages
			 or units of similar but not identical commodities. Commodities that are
			 generically the same but that differ in weight, measure, volume, appearance, or
			 quality are considered similar but not identical. This section does not apply
			 to foods or other commodities subject to the Federal Food, Drug, and Cosmetic
			 Act (21 USC). The declaration of net quantity for a variety package will be
			 expressed as follows:
(a) the number of units
			 for each identical commodity followed by the weight, volume, or measure of that
			 commodity;
(b) the total quantity
			 by weight, volume, measure, and count, as appropriate, of the variety package.
			 The statement of total quantity shall appear as the last item in the
			 declaration of net quantity and shall not be of greater prominence than other
			 terms used.
Examples:
Sponges -
11 Sponges 11 cm x 20.3 cm x 1.9 cm (4 in x 8 in x
3A
in)
14 Sponges 5.7 cm x 10 cm x 1.2 cm (2!4 in x 4 in x
lA
in)
Total: 25 Sponges
Soap-
2 Soap Bars 85 g (3 oz) ea
1 Soap Bar 142 g (5 oz)
Total: 3 Soap Bars 312 g (11 oz)
Liquid Shoe Polish -1 Brown 89 mL (3 fl oz) 1 Black 89 mL (3 fl
				oz) 1 White 148 mL (5 fl oz) Total: 326mL(llfloz)
Picnic Ware -34 spoons 33 forks 33 knives Total: 100
				pieces
(Amended 1993)
When individual units in a variety package are either packaged
				or labeled and are intended for retail sale as individual units, each unit
				shall be labeled in compliance with the applicable sections of this
				regulation.
10.7.
			 Cylindrical Containers. - In the case of cylindrical or nearly cylindrical
			 containers, information required to appear on the principal display panel shall
			 appear within that 40 % of the circumference which is most likely to be
			 displayed, presented, shown, or examined under customary conditions of display
			 for retail sale.
10.8. Measurement
			 of Container-Type Commodities, How Expressed.
10.8.1. General.- Commodities designated and
			 sold at retail to be used as containers for other materials or objects, such as
			 bags, cups, boxes, and pans, shall be labeled with the declaration of net
			 quantity as follows:
(a) For bag-type
			 commodities, in terms of count followed by linear dimensions of the bag
			 (whether packaged in a perforated roll or otherwise). The linear dimensions
			 shall be expressed:
(1) in SI units: in
			 millimeters or centimeters, except that a dimension of 1 meter or more will be
			 expressed in meters with the remainder in terms of decimal fractions of the
			 meter; and
(2) in inch-pound units:
			 in inches, except that a dimension of 2 ft or more will be expressed in feet
			 with any remainder in terms of inches or common or decimal fractions of the
			 foot.
(b) When the unit
			 bag is characterized by two dimensions because of the absence of a gusset, the
			 width and length will be stated.
Examples:
25 Bags, 12.7 cm x 10 cm (5 in x 4 in) or 50 Bags, 75 cm x 1.2
				m (2.5 ft x 3.9 ft)
(c)
			 When the unit bag is gusseted, the dimensions will be expressed as width,
			 depth, and length.
Examples:
25 Bags, 43 cm x 10 cm x 50 cm (17 in x 4 in x 20 in) or 100
				Bags, 50.8 cm x 30.4 cm x 76.2 cm (20 in x 12 in x
2V2
ft)
(d) For other square, oblong, rectangular, or
			 similarly shaped containers, in terms of count followed by length, width, and
			 depth, except depth need not be listed when less than 5 cm or 2 in. The linear
			 dimensions shall be expressed as specified in Section 10.8.1.(a).
Example:
bag-type commodities: 2 Pans, 20 cm x 20 cm (8 in x 8 in)
(e) For circular or other
			 generally round-shaped containers, except cups and the like, in terms of count
			 followed by diameter and depth, except depth need not be listed when less than
			 5 cm or 2 in.
Example:
4 Pans, 20 cm (8 in) diameter x 10 cm (4 in)
(f) Cups - Notwithstanding the above
			 requirements, the net quantity statement for containers such as cups will be
			 listed in terms of count and liquid capacity per unit.
Example:
24 Cups, 177 mL (6 fl oz) capacity
10.8.2. Capacity. - When the
			 functional use of the container is related by label references in standard
			 terms of measure to the capability of holding a specific quantity of substance
			 or class of substances such references shall be a part of the net quantity
			 statement and shall specify capacity as follows:
(a) in SI units: in terms of volume for all
			 containers and liners. The expressed capacity will be stated in terms of
			 milliliters, except that a quantity of 1 liter or more shall be expressed in
			 liters with the remainder in terms of decimal fractions of the liter;
			 and
(b) in inch-pound units:
(1) In terms of liquid measure for containers
			 that are intended to be used for liquids, semisolids, viscous materials, or
			 mixtures of solids and liquids. The expressed capacity will be stated in terms
			 of the largest whole unit (gallon, quart, pint, fluid ounce) with any remainder
			 in terms of common or decimal fractions of that unit.
Example:
Freezer Boxes - 4 Boxes, 946 mL capacity, 15 cm x 15 cm x 10 cm
				(1 qt capacity, 6 in x 6 in x 4 in)
(2) In terms of dry measure for containers
			 that are intended to be used for solids. The expressed capacity will be stated
			 in terms of the largest whole unit (bushel, peck) with any remainder in terms
			 of common or decimal fractions of that unit.
Example:
Leaf Bags - 8 Bags, 211 L capacity, 1.21 m x 1.52 m (6 bu
				capacity, 4 ft x 5 ft)
(3)
			 Where containers are used as liners for other more permanent containers, in the
			 same terms as are normally used to express the capacity of the more permanent
			 containers.
Example:
Garbage Can Liners -10 Liners, 76.2 cm x 93.9 cm, fits up to
				113 L cans (2 ft 6 in x 3 ft 1 in,
fits up to 30 gal cans)
10.8.3. Terms. - For purposes of this
			 section, the use of the terms "capacity," "diameter," and "fluid" is
			 optional.
10.9. Textile
			 Products, Threads, and Yarns.
10.9.1. Wearing
			 Apparel.- Wearing apparel (including no textile apparel and accessories such as
			 leather goods and footwear) sold as single unit items, or if normally sold in
			 pairs (such as hosiery, gloves, and shoes) sold as single unit pairs, shall be
			 exempt from the requirements for net quantity statement by count, as required
			 by Section 6.4. Terms: Weight, Liquid Measure, Dry Measure, or Count of this
			 regulation.
10.9.2. Textiles.- Bed
			 sheets, blankets, pillowcases, comforters, quilts, bedspreads, mattress covers
			 and pads, afghans, throws, dresser and other furniture scarves, tablecloths and
			 napkins, flags, curtains, drapes, dishtowels, dishcloths, towels, facecloths,
			 utility cloths, bathmats, carpets and rugs, potholders, fixture and appliance
			 covers, nonrectangular diapers, slipcovers, etc., shall be exempt from the
			 requirements of Section 6.9. Bi-dimensional Commodities of this regulation,
			 provided:
(a) The quantity statement for
			 fitted sheets and mattress covers shall state, in centimeters and inches, the
			 length and width of the mattress for which the item is designed and the size
			 designation of the mattress if the item is intended to fit a mattress
			 identified as "twin," "double," "queen," "king," "California king," etc.
Example:
Double sheet for 137 cm x 190 cm (54 in x 75 in)
				mattress.
(Amended 1987)
(b) The quantity statement for flat sheets
			 shall state, in centimeters and inches, the length and width of the mattress
			 for which the sheet is designed, followed in parentheses by a statement, in
			 centimeters and inches, of the length and width of the finished sheet. The
			 quantity statement shall also state the size designation of the mattress for
			 which the sheet is designed, such as "twin," "double," "queen," "king,"
			 "California king," if the item is intended to fit such a mattress.
Example:
Twin Flat Sheet for 99 cm x 190 cm (39 in x 75 in) mattress 167
				cm x 244 cm (66 in x 96 in)
finished size.
(Amended 1987)
(c) The quantity statement for pillowcases
			 shall state, in centimeters and inches, the length and width of the pillow for
			 which the pillowcase is designed, followed in parentheses by a statement, in
			 centimeters and inches of the length and width of the finished pillowcase. The
			 quantity statement for pillowcases shall also state the size designation of the
			 pillow for which the pillowcase is designed, e.g., "youth," "standard,"
			 "queen," etc., if the item is intended to fit such pillows.
Example:
Standard Pillowcase for 51 cm x 66 cm (20 in x 26 in) pillow,
				51 cm x 76 cm (20 in x 30 in) in finished size.
(Amended 1977 and 1987)
(d) The quantity statement for blankets,
			 comforters, quilts, bedspreads, mattress pads, afghans, and throws shall state,
			 in centimeters and inches, the length and width of the finished item. The
			 quantity statement shall also state the length of any ornamentation and the
			 size designation of the mattress for which the item is designed, if it is
			 intended to fit, for example, a "twin," "double," "queen," "king," "California
			 king," etc., mattress.
(Amended 1988)
(e) The quantity statement for tablecloths
			 and napkins shall state, in centimeters and inches, the length and width of the
			 finished item. The quantity statement also may state parenthetically, in
			 centimeters and inches, the length and width of the item before hemming and be
			 properly identified as such.
(f)
			 The quantity statement for curtains, drapes, flags, furniture scarves, etc.,
			 shall state, in centimeters and inches, the length and width of the finished
			 item. The quantity statement also may state parenthetically, in centimeters and
			 inches, the length of any ornamentation.
(g) The quantity statement for carpets and
			 rugs shall state, in meters and feet, with any remainder in decimal fractions
			 of the meter for SI sizes or common or decimal fractions of the foot or in
			 inches for inch-pound sizes, the length and width of the item. The quantity
			 statement also may state parenthetically, in centimeters and inches, the length
			 of any ornamentation.
(h) The
			 quantity statement for woven dishtowels, dishcloths, towels, facecloths,
			 utility cloths, bathmats, etc., shall state, in centimeters and inches, the
			 length and width of the item. The quantity statement for such items, when
			 knitted, need not state the dimensions.
(i) The quantity statement for textile
			 products such as potholders, fixture and appliance covers, slipcovers,
			 non-rectangular diapers, etc., shall be stated in terms of count and may
			 include size designations and dimensions.
(j) The quantity statement for other than
			 rectangular textile products identified in Sections (a) through (h) shall state
			 the geometric shape of the product and the dimensions that are customarily used
			 in describing such geometric shape.
Examples:
Round Scarf 190 cm (74 in) in diameter;
Oval Tablecloth 177 cm x 254 cm (70 in x 100 in) representing
				the maximum length and width in this case.
(k) The quantity statement for packages of
			 remnants of textile products of assorted sizes, when sold by count, shall be
			 accompanied by the term "irregular dimensions" and the minimum size of such
			 remnants.
(Added 1971)
10.9.3. Sewing Threads, Handicraft Threads,
			 and Yarns. - Sewing and handicraft threads shall be labeled as follows:
(a) The net quantity for sewing and
			 handicraft threads shall be expressed in terms of meters and yards.
(b) The net quantity statement for yarns
			 shall be expressed in terms of mass or weight.
(c) Thread products may, in lieu of name and
			 address, bear a trademark, symbol, brand, or other mark that positively
			 identifies the manufacturer, packer, or distributor provided such marks are
			 filed with the Director.
(d) Each
			 unit of industrial thread shall be marked to show its net length in terms of
			 meters and yards or its net weight in terms of kilograms or grams and
			 avoirdupois pounds or ounces, except that ready-wound bobbins that are not sold
			 separately shall not be required to be individually marked to show the number
			 of bobbins contained therein and the net meters and yards of thread on each
			 bobbin.
10.10. Packaged Seed.- Packages of seeds
			 intended for planting with net contents of less than 225 g or 8 oz shall be
			 labeled in full accord with this regulation except as follows:
(a) The quantity statement shall appear in
			 the upper 30 % of the principal display panel.
(b) The quantity statement shall be in terms
			 of:
(1) the largest whole SI unit for all
			 packages with weights up to 7 g; and
(2) in grams and ounces for all other
			 packages with weights less than 225 g or 8 oz. (Amended 1995)
(c) The quantity statement for
			 coated seed, encapsulated seed, pelletized seed, preplanters, seed tapes, etc.,
			 shall be in terms of count.
(Added 1972) (Amended 1975 and 1993)
10.11. Statements of Cubic Measure
			 in Compressed Form.- When the content declaration on a commodity sold in
			 compressed form is stated in terms of cubic measure, an additional statement
			 may indicate the amount of material from which the final product was
			 compressed. The amount in such a statement shall not exceed the actual amount
			 of material that can be recovered.
(Added 1993)
Section 11.
			 Exemptions[M57E
8-
page
										83]
NOTE 8:Section 11. Exemptions include several
				requirements that refer only to the historic use of inch-pound units or are
				direct restatements of exemptions contained in federal laws or regulations
				which do not include SI units. SI equivalents are omitted in most of these
				requirements because the SI units would not be meaningful or
				useful.
(Added 1993) (Amended 1995)
11.1 .Random Packages.- A random package
			 bearing a label conspicuously declaring:
(a)
			 the net weight;
(b) unit price;
			 and
(c) the total price shall be
			 exempt from the SI units, type size, location, and free area requirements of
			 this regulation. In the case of a random package packed at one place for
			 subsequent sale at another, neither the price per unit of weight nor the total
			 selling price need appear on the package, provided the package label includes
			 both such prices at the time it is offered or exposed for sale at retail.
This section shall also apply to uniform weight packages of
				fresh fruit or vegetables labeled by count, in the same manner and by the same
				type of equipment as random packages exempted by this section, and cheese and
				cheese products labeled in the same manner and by the same type of equipment as
				random packages exempted by this section.
(Amended 1989)
11.1.1. Indirect Sale of Random Packages.- A
			 random package manufactured or produced and offered for indirect sale (e.g.,
			 e-commerce, online, phone, fax, catalog, and similar methods) shall be exempt
			 from the labeling requirements of:
(a) unit
			 price
(b) total price
when the following requirements are met:
At the time of the delivery, each package need only bear a
				statement of net weight, provided that:
(a) the unit price is set forth and
			 established in the initial product offering;
(b) the maximum possible net weight, unit
			 price, and maximum possible price are provided to the customer by order
			 confirmation when the product is ordered; and
(c) when the product is delivered, the
			 customer receives a receipt bearing the following information: identity,
			 declared net weight, unit price, and the total price.
Indirect Sales: For the purpose of Section 11.1.1.Indirect Sale
				of Random Packages, indirect sales are sales where the customer makes a
				selection and places an order, but cannot be present when the determination of
				the net quantity is made. Examples of such indirect methods include, without
				limitation, Internet or online sales, sales conducted by telephone or
				facsimile, and catalog sales.
(Added 2001) (Amended 2002)
11.2. Small
			 Confections.-Individually wrapped pieces of "penny candy" and other
			 confectionery of less than 15 gor
Vi
oz net weight per
			 individual piece shall be exempt from the labeling requirements of this
			 regulation when the container in which such confectionery is shipped is in
			 conformance with the labeling requirements of this regulation. Similarly, when
			 such confectionery items are sold in bags or boxes, such items shall be exempt
			 from the labeling requirements of this regulation, including the required
			 declaration of net quantity of contents, when the declaration of the bag or box
			 meets the requirements of this regulation.
11.3. Small Packages of Meat or Meat
			 Products. - Individually wrapped and labeled packages of meat or meat products
			 of less than 15 g or
Vi
oz net weight, which are in a shipping
			 container, need not bear a statement of the net quantity of contents when the
			 statement of the net quantity of contents on the shipping container is in
			 conformance with the labeling requirements of this regulation.
(Added 1987)
11.4. Individual Servings.- Individual
			 serving size packages of foods containing less than 15 g or
Vi
oz or less than 15 mL or
Vi
fl oz for use in
			 restaurants, institutions, and passenger carriers, and not intended for sale at
			 retail, shall be exempt from the required declaration of net quantity of
			 contents specified in this regulation.
11.5. Cuts, Plugs, and Twists of Tobacco and
			 Cigars.- When individual cuts, plugs, and twists of tobacco and individual
			 cigars are shipped or delivered in containers that conform to the labeling
			 requirements of this regulation, such individual cuts, plugs, and twists of
			 tobacco and cigars shall be exempt from such labeling requirements.
11.6. Reusable (Returnable) Glass
			 Containers.- Nothing in this Regulation shall be deemed to preclude the
			 continued use of reusable (returnable) glass containers, provided such glass
			 containers ordered after the effective date of this regulation shall conform to
			 all requirements of this regulation.
11.7. Cigarettes and Small Cigars.- Cartons
			 of cigarettes and small cigars, containing ten individual packages of twenty,
			 labeled in accordance with the requirements of this regulation shall be exempt
			 from the requirements set forth in Section 8.1.1. Location, Section
			 8.2.1.Minimum Height of Numbers and Letters, and Section 10.4. Multi-unit
			 Packages, provided such cartons bear a declaration of the net quantity of
			 commodity in the package.
11.8.
			 Packaged Commodities with Labeling Requirements Specified in Federal Law. -
			 Packages of meat and meat products, poultry products, tobacco and tobacco
			 products, pesticides, and alcoholic beverages shall be exempt from those
			 portions of these regulations specifying location and minimum type size of the
			 net quantity declaration, provided quantity labeling requirements for such
			 products are specified in federal law so as to follow reasonably sound
			 principles of providing consumer information. (See also Section 11.32. SI
			 Units, Exemptions - Consumer Commodities.)
11.9. Fluid Dairy Products, Ice Cream, and
			 Similar Frozen Desserts.
(a) When packaged in
Vi
liq pt and
Vi
gal containers, are exempt
			 from the requirements for stating net contents of 8 fl oz and 64 fl oz, which
			 may be expressed as
Vi
pt and
Vi
gal,
			 respectively.
(b) When measured by
			 and packaged in measure containers as defined in "Measure Container Code of
			 National Institute of Standards and Technology Handbook 44," are exempt from
			 the requirements of Section 8.1.1. Location that the declaration of net
			 contents be located within the bottom 30% of the principal display
			 panel.
(c) Milk and milk products
			 when measured by and packaged in glass or plastic containers of
Vi
pt, 1 pt, 1 qt,
Vi
gal, and 1 gal capacities are
			 exempt from the placement requirement of Section 8.1.1. Location that the
			 declaration of net contents be located within the bottom 30 % of the principal
			 display panel, provided other required label information is conspicuously
			 displayed on the cap or outside closure and the required net quantity of
			 contents declaration is conspicuously blown, formed, or molded on, or
			 permanently applied to that part of the glass or plastic container that is at
			 or above the shoulder of the container.
(Amended 1993)
11.10. Single Strength and Less than
			 Single-Strength Fruit Juice Beverages, Imitations thereof, and Drinking Water.
(a) When packaged in glass, plastic, or fluid
			 milk type paper containers of 8 fl oz and 64 fl oz capacity, are exempt from
			 the requirements of Section 6.2. Largest Whole Unit to the extent that net
			 contents of 8 fl oz and 64 fl oz (or 2 qt) may be expressed as
Vi
pt (or half pint) and
Vi
gal (or half gallon),
			 respectively.
(b) When packaged in
			 glass or plastic containers of
Vi
pt, 1 pt, 1 qt,
Vi
gal, and 1 gal capacities, are exempt from the placement requirements
			 of Section 8.1.1. Location that the declaration of net contents be located
			 within the bottom 30 % of the principal display panel, provided other label
			 information is conspicuously displayed on the cap or outside closure and the
			 required net quantity of contents declaration is conspicuously blown, formed,
			 or molded into or permanently applied to that part of the glass or plastic
			 container that is at or above the shoulder of the container.
(Amended 1993)
11.11. Soft Drink Bottles.- Bottles of soft
			 drinks shall be exempt from the placement requirements for the declaration of:
(a) identity when such declaration appears on
			 the bottle closure; and
(b)
			 quantity when such declaration is blown, formed, or molded on or above the
			 shoulder of the container and when all other information required by this
			 regulation appears only on the bottle closure.
11.12. Multi-unit Soft Drink
			 Packages.-Multi-unit packages of soft drinks are exempt from the requirement
			 for a declaration of:
(a) responsibility when
			 such declaration appears on the individual units and is not obscured by the
			 multi-unit packaging or when the outside container bears a statement to the
			 effect that such declaration will be found on the individual units inside;
			 and
(b) identity when such
			 declaration appears on the individual units and is not obscured by the
			 multi-unit packaging.
11.13. Butter.- When packaged in 4 oz, 8 oz,
			 and 1 lb packages with continuous label copy wrapping, butter is exempt from
			 the requirements that the statement of identity (Section 3.1.1. Parallel
			 Identity Declaration: Consumer Package) and the net quantity declaration
			 (Section 8.1.5. Parallel Quantity Declaration) be generally parallel to the
			 base of the package. When packaged in 8 oz and 1 lb units, butter is exempt
			 from the requirement for location (Section 8.1.1. Location) of net quantity
			 declaration.
(Amended 1980 and 1993)
11.14. Eggs.- Cartons containing 12 eggs
			 shall be exempt from the requirement for location (Section 8.1.1. Location) of
			 net quantity declaration. When such cartons are designed to permit division in
			 half, each half shall be exempt from the labeling requirements of this
			 regulation if the undivided carton conforms to all such requirements.
11.15. Flour. - Packages of wheat flour in
			 conventional 2, 5, 10, 25, 50, and 100 lb packages shall be exempt from the
			 requirement in this regulation for location (Section 8.1.1. Location) of the
			 net quantity declaration.
(Amended 1980 and 1993)
11.16. Small Packages.- On a principal
			 display panel of 32 cm2 (5
			 in2) or less, the declaration of quantity need not
			 appear in the bottom 30 % of the principal display panel if that declaration
			 satisfies the other requirements of this regulation.
(Amended 1980)
11.17. Decorative Containers.- The principal
			 display panel of a cosmetic marketed in a "boudoir-type" container, including
			 decorative cosmetic containers of the "cartridge," "pill box," "compact," or
			 "pencil" variety, and those with a capacity of 7.4 mL
QA
oz)
			 or less, may be a tear-away tag or tape affixed to the decorative container and
			 bearing the mandatory label information as required by this regulation.
(Amended 1980)
11.18. Combination and Variety Packages.-
			 Combination and variety packages are exempt from the requirements in this
			 regulation for:
(a) location (see Section
			 8.1.1. Location);
(b) free area
			 (see Section 8.1.4. Free Area); and
(c) minimum height of numbers and letters
			 (see Section 8.2.1. Minimum Height of Numbers and Letters). (Amended
			 1989)
11.19. Margarine.-
			 Margarine in lib rectangular packages, except for packages containing whipped
			 or soft margarine or packages containing more than four sticks, shall be exempt
			 from the requirement in this regulation for location (see Section 8.1.1.
			 Location) of the net quantity declaration.
(Amended 1980 and 1993)
11.20. Corn Flour and Corn Meal.- Corn flour
			 and corn meal packaged in conventional 5, 10, 25, 50, and 100 lb bags shall be
			 exempt from the requirement in this regulation for location (see Section 8.1.1.
			 Location) of the net quantity declaration.
(Amended 1978 and 1980)
11.21. Prescription and Insulin Containing
			 Drugs.- Prescription and insulin containing drugs subject to the provisions of
			 Section 503(b) (1) or 506 of the Federal Food, Drug, and Cosmetic Act shall be
			 exempt from the provisions of this regulation.
11.22. Camera Film, Video Recording Tape,
			 Audio Recording Tape, and Other Image and Audio Recording Media Intended for
			 Retail Sale and Consumer Use.- Image and audio media packaged and labeled for
			 retail sale are exempt from the net quantity statement requirements of this
			 regulation that specify how measurement of commodities should be expressed,
			 provided:
(a) Unexposed or Unrecorded Media. -
			 The net quantity of contents of unexposed or unrecorded image and audio media
			 is expressed:
(1) For still film, tape, or
			 other still image media, in terms of the usable or guaranteed number of
			 available still image exposures. The length and width measurements of the
			 individual exposures, expressed in millimeters or inches, are authorized as an
			 optional statement.
Examples:
36 exposures, 36 mm x 24 mm, or 12 exposures, 2!4 in x 2!4
				in.
(2) For bulk or movie
			 film, in terms of length (in meters or feet) of film available for
			 exposure.
(3) For all other image
			 and/or audio media, in terms of length of time of electronic media available
			 for recording, together with recording and/or playing speed or other machine
			 settings as necessary. Supplemental information concerning the length of the
			 media[Af07E
													9'page
													87] may be provided.
Supplemental information may be provided on other than the
				principal display panel.
NOTE 9: Size, length of media, and format details to
				ensure interchangeability and other characteristics of audio and imaging media
				are available in the applicable American National Standards.
(b) Exposed, Recorded,
			 or Processed Media. - The net quantity of contents of exposed or processed film
			 or prerecorded electronic media shall be expressed in terms of the length of
			 time that is of entertainment value.
"Entertainment value" is defined as that portion of a film,
				tape, or other media that commences with the first frame of sound or picture,
				whichever comes first after the countdown sequence (if any), and ends with
				either:
(a) the last frame
			 of credits;
(b) the last frame of
			 the phrase "The End"; or
(c) the end
			 of sound, whichever is last.
(Amended 1990)
11.23. Tint Base Paint. - Tint base paint may
			 be labeled on the principal display panel in terms of a liter, quart, or a
			 gallon, including the addition of colorant selected by the purchaser, provided
			 the system employed ensures that the purchaser always obtains a liter, quart,
			 or a gallon; and further provided, in conjunction with the required quantity
			 statement on the principal display panel, a statement indicating that the tint
			 base paint is not to be sold without the addition of colorant is presented; and
			 further provided the contents of the container, before the addition of
			 colorant, is stated in fluid ounces elsewhere on the label.
Wherever the above conditions cannot be met, containers of tint
				base paint must be labeled with a statement of the actual net contents prior to
				the addition of colorant in full accord with all the requirements of this
				regulation.
(Added 1972) (Amended 1980 and 1993)
11.24. Motor Oil in Cans. - Motor oils when
			 packed in cans bearing the principal display panel on the body of the container
			 are exempt from the requirements of Section 3. Declaration of Identity:
			 Consumer Package to the extent that the Society of Automotive Engineers (SAE)
			 viscosity number is required to appear on the principal display panel, provided
			 the SAE viscosity number appears on the can lid and is expressed in letters and
			 numerals in type size of at least 6 mm or
Va
in.
(Amended 1974, 1980, and 1993)
11.25. Pillows, Cushions, Comforters,
			 Mattress Pads, Sleeping Bags, and Similar Products. - Those products, including
			 pillows, cushions, comforters, mattress pads, and sleeping bags, that bear a
			 permanent label as designated by the Association of Bedding and Furniture Law
			 Officials or by the California Bureau of Home Furnishings shall be exempt from
			 the requirements for location (Section 8.1.1. Location), size of letters or
			 numbers
(Sections 8.2.1.Minimum Height of Numbers and Letters and
				8.2.2.Numbers and Letters: Proportion), free area (Section 8.1.4.Free Area),
				and the declarations of identity and responsibility (Sections 3.1. Declaration
				of Identity and 5. Declaration of Responsibility: Consumer and Nonconsumer
				Packages), provided declarations of identity, quantity, and responsibility are
				presented on a permanently attached label and satisfy the other requirements of
				this Regulation, and further provided the information on such permanently
				attached label be fully observable to the purchaser.
(Added 1973)
11.26. Commodities' Variable Weights and
			 Sizes.- Individual packaged commodities put up invariable weights and sizes for
			 sale intact and intended to be weighed and marked with the correct quantity
			 statement prior to or at the point of retail sale are exempt from the
			 requirements of Section 6. Declaration of Quantity: Consumer Packages while
			 moving in commerce and while held for sale prior to weighing and marking,
			 provided the outside container bears a label declaration of the total net
			 weight.
(Added 1973)
11.27. Packaged Commodities Sold by
			 Count.
[NOTE 10, page 88]
when a
			 packaged consumer commodity is properly measured in terms of count only, or in
			 terms of count and some other appropriate unit, and the individual units are
			 fully visible to the purchaser, such packages shall be labeled in full accord
			 with this Regulation, except that those containing six or less items need not
			 include a statement of count.
(Added 1973)
NOTE 10: When the net contents declaration of a package
				that may enter interstate commerce includes count, federal regulations under
				the Federal Fair Packaging and Labeling Act provide no exemption from declaring
				the count unless the count is one (1).
(Added 1990)
11.28. Textile Packages.- Packages of
			 textiles that are required by Section 6.4.1. Combination Declaration to provide
			 a combination declaration stating the quantity of each individual unit and the
			 count shall be exempt from the requirements in this regulation for:
(a) Location (see Section 8.1.1.
			 Location);
(b) Free area (see
			 Section 8.1.4. Free Area); and
(c)
			 Minimum height of numbers and letters (see Section 8.2.1. Minimum Height of
			 Numbers and Letters). (Added 1971) (Amended 1989)
11.29. Spot Label.- The declaration of
			 quantity of the contents of a package is exempt from Section 8.1.1. Location
			 requiring the quantity declaration to appear in the bottom 30 % of the
			 principal display panel, as long as the declaration of quantity appears in the
			 lower 30 % of the spot label. In no case may the size of the spot label be used
			 to determine the minimum type size; see Section 8.2. Calculation of Area of
			 Principal Display Panel for Purposes of Type Size for this determination.
(Added 1990)
11.30. Header Strip. - The declaration of
			 quantity of the contents of a package is exempt from Section 8.1.1. Location
			 requiring the quantity declaration to appear in the bottom 30 % of the
			 principal display panel, as long as the declaration of quantity appears in the
			 lower 30 % of the header strip or header label. In no case may the size of the
			 header strip be used to determine the minimum type size; see Section 8.2.
			 Calculation of Area of Principal Display Panel for Purposes of Type Size for
			 this determination.
(Added 1990)
11.31. Decorative Wallcovering Borders.-
			 Decorative wallcovering borders when packaged and labeled for retail sale shall
			 be exempt from the requirements of Sections 6.6.2. One Meter, 1 Square Meter, 1
			 Kilogram, 1 Liter, 1 Cubic Meter, or More; 6.8.2. One Foot, 1 Square Foot, 1
			 Pound, 1 Pint, 1 Gallon or More; and 6.9. Bi-dimensional
Commodities provided the length and width of the border are
				presented in terms of the largest whole unit in full accord with the other
				requirements of the regulation.
(Added 1992) (Amended 1993)
11.32. SI Units, Exemptions - Consumer
			 Commodities.- The requirements for statements of quantity in SI units (except
			 for those in Section 10.10. Packaged Seed and Section 11.22. Camera Film, Video
			 Recording Tape, Audio Recording Tape and Other Image and Audio Recording Media
			 Intended for Retail Sale and Consumer Use) in Section 6. Declaration of
			 Quantity: Consumer Packages shall not apply to:
(a) foods packaged at the retail store
			 level;
(b) random weight packages
			 (see Sections 2.4. Random Package and 11.1. Random Packages);
(c) package labels printed before February
			 14, 1994;
(d) meat and poultry
			 products subject to the Federal Meat or Poultry Products Inspection
			 Acts;
(e) tobacco or tobacco
			 products;
(f) any beverage subject
			 to the Federal Alcohol Administration Act;
(g) any product subject to the Federal
			 Insecticide, Fungicide, and Rodenticide Act; (h) drugs and cosmetics subject to
			 the Federal Food, Drug and Cosmetic Act;
(i) nutrition labeling information.
11.33. Inch-Pound Units,
			 Exemptions - Consumer Commodities.- The requirements for statements of quantity
			 in inch-pound units shall not apply to packages that bear appropriate SI units.
			 This exemption does not apply to foods, drugs, or cosmetics or to packages
			 subject to regulation by the FTC, meat and poultry products subject to the
			 Federal Meat or Poultry Products Inspection Acts, and tobacco or tobacco
			 products.
(Added 1999)
Section 12. Variations to be Allowed
12.1. Packaging Variations.
12.1.1. Variations from Declared Net
			 Quantity.- Variations from the declared net weight, measure, or count shall be
			 permitted when caused by unavoidable deviations in weighing, measuring, or
			 counting the contents of individual packages that occur in current good
			 manufacturing practice, but such variations shall not be permitted to such
			 extent that the average of the quantities in the packages of a particular
			 commodity or a lot of the commodity that is kept, offered, or exposed for sale,
			 or sold is below the quantity stated, and no unreasonable shortage in any
			 package shall be permitted even though overages in other packages in the same
			 shipment, delivery, or lot compensate for such shortage. Variations above the
			 declared quantity shall not be unreasonably large.
12.1.2. Variations Resulting from Exposure.-
			 Variations from the declared weight or measure shall be permitted when caused
			 by ordinary and customary exposure to conditions that normally occur in good
			 distribution practice and that unavoidably result in change of weight or
			 measure, but only after the commodity is introduced into intrastate commerce,
			 provided the phrase "introduced into intrastate commerce" as used in this
			 paragraph shall be construed to define the time and the place at which the
			 first sale and delivery of a package is made within the state, the delivery
			 being either
(a) directly to the purchaser or
			 to his/her agent; or
(b) to a
			 common carrier for shipment to the purchaser, and this paragraph shall be
			 construed as requiring that so long as a shipment, delivery, or lot of packages
			 of a particular commodity remains in the possession or under the control of the
			 packager or the person who introduces the package into intrastate commerce,
			 exposure variations shall not be permitted.
12.2. Magnitude of Permitted Variations. -
			 The magnitude of package variations of this regulation permitted under Sections
			 12. Variations to be Allowed, 12.1. Package Variations, 12.1.1.Variations from
			 Declared Net Quantity, and 12.1.2. Variations Resulting from Exposure shall be
			 those expressly set forth in this regulation and variations such as those
			 contained in the procedures and tables of NIST Handbook 133, "Checking the Net
			 Contents of Packaged Goods."
(Amended 1976, 1980, 1984, and 1988)
Section 13. Retail Sale
			 Price Representations
13.1. "Cents off'
			 Representations.
(a) The term "cents off
			 representation" means any printed matter consisting of the words "cents off or
			 words of similar import (bonus offer, 2 for 1 sale, 10 sale, etc.), placed upon
			 any consumer package or placed upon any label affixed or adjacent to such
			 package, stating or representing by implication that it is being offered for
			 sale at a price lower than the ordinary and customary retail sale price.
(Amended 1982)
(b) Except as set forth in Section 13.2.
			 Introductory Offers, the packager or labeler of a consumer commodity shall not
			 have imprinted thereon a "cents off representation unless:
(1) The commodity has been sold at an
			 ordinary and customary price in the most recent and regular course of business
			 where the "cents off promotion is made.
(2) The commodity so labeled is sold at a
			 reduction from the ordinary and customary price, which reduction is at least
			 equal to the amount of the "cents off representation imprinted on the commodity
			 package or label.
(3) Each "cents
			 off representation imprinted on the package or label is limited to a phrase
			 that reflects that the price marked by the retailer represents the savings in
			 the amount of the "cents off the retailer's regular price; e.g., "Price Marked
			 is Cents Off the Regular Price," "Price Marked is off the Regular Price of this
			 Package", provided the package or label may in addition bear in the usual
			 pricing spot a form reflecting a space for the regular price, the represented
			 "cents off," and a space for the price to be paid by the consumer.
(4) The commodity at retail presents the
			 regular price, designated as the "regular price", clearly and conspicuously on
			 the package or label of the commodity or on a sign, placard, or shelf marker
			 placed in a position contiguous to the retail display of the "cents off marked
			 commodity.
i. Not more than three "cents off
			 promotions of any single size commodity may be initiated in the same trade area
			 within a 12 month period;
ii. At
			 least 30 days must lapse between "cents off promotions of any particular size
			 packaged or labeled commodity in a specific trade area; and iii. Any single
			 size commodity so labeled may not be sold in a trade area for a duration in
			 excess of six months within any 12 month period.
(5) Sales of any single size commodity so
			 labeled in a trade area do not exceed in volume 50 % of the total volume of
			 sales of such size commodity in the same trade area during any 12 month period.
			 The 12 month period may be the calendar, fiscal, or market year provided the
			 identical period is applied in this subparagraph and subparagraph (5) of this
			 paragraph. Volume limits may be calculated on the basis of projections for the
			 current year, but shall not exceed 50 % of the sales for the preceding year in
			 the event actual sales are less than the projection for the current
			 year.
(c) No "cents off'
			 promotion shall be made available in any circumstances where it is known or
			 there is reason to know that it will be used as an instrumentality for
			 deception or for frustration of value comparison; e.g., where the retailer
			 charges a price that does not fully pass on to the consumers the represented
			 price reduction or where the retailer fails to display the regular price in the
			 display area of the "cents off' marked product.
(d) The sponsor of a "cents off' promotion
			 shall prepare and maintain invoices or other records showing compliance with
			 this section. The invoices or other records required by this section shall be
			 open to inspection and shall be retained for a period of one year subsequent to
			 the end of the year (calendar, fiscal, or market) in which the "cents off
			 promotion occurs.
(Added 1972)
13.2. Introductory Offers.
(a) The term "introductory offer" means any
			 printed matter consisting of the words "introductory offer" or words of similar
			 import, placed upon a package containing any new commodity or upon any label
			 affixed or adjacent to such new commodity, stating or representing by
			 implication that such new commodity is offered for retail sale at a price lower
			 than the anticipated ordinary and customary retail sale price.
(b) The packager or labeler of a consumer
			 commodity may not have imprinted thereon an introductory offer unless:
(1) The product contained in the package is
			 new, has been changed in a functionally significant and substantial respect, or
			 is being introduced into a trade area for the first time.
(2) Each offer on a package or label is
			 clearly and conspicuously qualified.
(3) No commodity so labeled is sold in a
			 trade area for duration in excess of six months.
(4) At the time of making the introductory
			 offer promotion, the offerer intends in good faith to offer the commodity,
			 alone, at the anticipated ordinary and customary price for a reasonably
			 substantial period of time following the duration of the introductory offer
			 promotion.
(c) The
			 packager or labeler of a consumer commodity shall not have imprinted thereon an
			 introductory offer in the form of a "cents off representation unless, in
			 addition to the requirements in paragraph (b) of this section:
(1) The package or label clearly and
			 conspicuously and in immediate conjunction with the phrase "Introductory Offer"
			 bears the phrase "__________cents off the after introductory offer
			 price."
(2) The commodity so
			 labeled is sold at a reduction from the anticipated ordinary customary price,
			 which reduction is at least equal to the amount of the reduction from the after
			 introductory offer price representation on the commodity package or
			 label.
(d) No
			 introductory offer with a "cents off representation shall be made available in
			 any circumstance where it is known or there is reason to know that it will be
			 used as an instrumentality for deception or for frustration of value
			 comparison; e.g., where the retailer charges a price that does not fully pass
			 on to consumers the represented price reduction.
(e) The sponsor of an introductory offer
			 shall prepare and maintain invoices or other records showing compliance with
			 this section. The invoices or other records required by this section shall be
			 open to inspection and shall be retained for a period of one year subsequent to
			 the period of the introductory offer.
(Added 1972)
13.3. Economy Size.
(a) The term "economy size" means any printed
			 matter consisting of the words "economy size," "economy pack," "budget pack,"
			 "bargain size,""value size," or words of similar import placed upon any package
			 containing any consumer commodity or placed upon any label affixed or adjacent
			 to such commodity, stating or representing directly or by implication that a
			 retail sale price advantage is accorded the purchaser thereof by reason of the
			 size of that package or the quantity of its contents.
(b) The packager or labeler of a consumer
			 commodity may not have imprinted thereon an "economy" size representation
			 unless:
(1) At the same time the same brand of
			 the commodity is offered in at least one other packaged size or labeled
			 form.
(2) Only one packaged or
			 labeled form of that brand of commodity labeled with an "economy size"
			 representation is offered.
(3) The
			 commodity labeled with an "economy size" representation is sold at a price per
			 unit of weight, volume, measure, or count that is substantially reduced (i.e.,
			 at least 5 %) from the actual price of all other packaged or labeled units of
			 the same brand of that commodity offered simultaneously.
(c) No "economy size" package shall be made
			 available in any circumstances where it is known that it will be used as an
			 instrumentality for deception; e.g., where the retailer charges a price that
			 does not pass on to the consumer the substantial reduction in cost per unit
			 initially granted.
(d) The sponsor
			 of an "economy size" package shall prepare and maintain invoices or other
			 records showing compliance with paragraph (b) of this section. The invoices or
			 other records required by this section shall be open to inspection and shall be
			 retained for one year.
(Added 1972)
Section 14. Revocation of Conflicting
			 Regulations
All provisions of all orders and regulations heretofore issued
				on this same subject that are contrary to or inconsistent with the provisions
				of this regulation are hereby revoked.
Section 15. Effective Date
This regulation shall become effective on April 1, 2013.
UPLR Appendix A: Sl/Inch-pound Conversion Factors **
LENGTH
1 mil (0.001 = 25.4 |am* in)
1 micrometer = 0.039 370 mil
1 inch = 2.54 cm*
1 millimeter = 0.039 370 1 in
lfoot = 30.48 cm*
1 centimeter = 0.393 701 in
lyard = 0.914 4 m*
1 meter = 3.280 84 ft
lrod = 5.029 2 m*
AREA
1 square inch = 6.4516
						  cm2*
1 square centimeter = 0.155 000
						  in2
1 square foot = 929.030
						  cm2
1 square decimeter = 0.107 639
						  ft2
1 square yard = 0.836 127
						  m2
1 square meter = 10.763 9
						  ft2
VOLUME or CAPACITY
1 cubic inch = 16.387 1
						  cm3
1 cubic centimeter = 0.061 023 74
						  inJ
0.028 316 8 mJ 1 cubic foot
						  - 28.316 8 L
1 cubic decimeter = 0.035 314 7
						  ftJ
35.314 7 ftJ 1 cubic meter =
1
307
															95
															yd3
1 cubic yard = 0.764 555
						  mJ
1 fluid ounce = 29.573 5 mL
1 milliliter (cmJ) = 0.033
						  814 floz
, ,. ., . t 473.177 mL 1 liquid
						  pint = 047317?
															L
_ 1.056 69 liqqt 
						  16 0.264 172 gal
1 liquid quart = 946.353mL 0.946 353 L
1 dry pint = 550.610 5 mL
1 dry quart = 1.101221 L
1 gallon = 3.785 41 L
lpeck = 8.809 768 L
1 bushel = 35.239 1 L
1 gill = 118.294 1 mL
MASS (weight)
1 ounce = 28.349 5 g
0.000 035 274 oz 1 milligram -
						  0.015 432 4 grain
453.592 37 g* 1 pound = 0.453 592 kg
1 gram = 0.035 274 oz
1 grain = 64.798 91 mg
1 kilogram = 2.204 62 lb
TEMPERATURE
f.F=1.8f.c+32*
'&#9632;c=fta-32)*
* Exactly
** These conversion factors are given to six necessary.
						  To convert to inch-pound units d
(Amended 1998)
or more significant digits in the event such accuracy
						  is ivide the factor rather than multiplying.
UPLR Appendix B: Converting Inch-pound Units to SI Units for
				Quantity Declarations on Packages
1.
			 Conversion.
To convert an inch-pound quantity to an SI quantity, multiply
				the appropriate conversion factor in Table 1 in Appendix A by the inch-pound
				unit and round according to the following rules.
2. Rounding and Significant Digits.
It is the packager's responsibility to round converted values
				appropriately and select the appropriate number of significant digits to use in
				quantity declaration. [These rounding rules are for converting quantity
				determinations on packages and do not apply to digital scales that
				automatically round indications to the nearest indicated value.] Conversions,
				the proper use of significant digits, and rounding must be based on the
				packer's knowledge of the accuracy of the original measurement that is being
				converted. For example, if a package is labeled 453.59 g (1 lb), the packer is
				implying that the package declaration is accurate within ± 0.005 g (or
				± 5 mg). For liquid volume measure, a label declaration of 473 mL (16 fl
				oz) implies that the package declaration is accurate to within ± 0.5 mL
				(0.01 fl oz). The requirements of 6.13. Rounding apply to all quantity
				declarations that are derived from converted values:
6.13. Rounding.- In all conversions for the
			 purpose of showing an equivalent SI or inch-pound quantity to a rounded
			 inch-pound or SI quantity, or in calculated values to be declared in the net
			 quantity statement, the number of significant digits retained must be such that
			 accuracy is neither sacrificed nor exaggerated. Conversions, the proper use of
			 significant digits, and rounding must be based on the packer's knowledge of the
			 accuracy of the original measurement that is being converted. In no case shall
			 rounded net contents declarations overstate a quantity; the packer may round
			 converted values down to avoid overstating the net contents.
NOTE: When as a result of rounding SI or customary
				inch-pound declarations calculated based on the conversion factors in Appendix
				A, the resulting declarations are not exact, the largest declaration, whether
				metric or inch-pound, will be used for enforcement purposes to determine
				whether a package contains at least the declared amount of the
				product.
Do not round conversion factors or any other quantity used or
				determined in the calculation; only round the final quantity to the number of
				significant digits needed to maintain the accuracy of the original quantity.
				Use the rounding rules presented below in Table 1 as guidance to round the
				final result. In general, quantity declarations on consumer commodities should
				only be shown to two or three significant digits (for example, 453 g or 85 g).
				Any final zeros to the right of the decimal point need not be expressed. The
				inch-pound and SI declarations of quantity must be accurate and equivalent to
				each other. For example, a package bearing a net weight declaration of 2 lb (32
				oz) must also include an SI declaration of 907 g.
Table 1. Rounding Rules
When The First Digit Dropped is:
The Last Digit Retained is:
Examples
less than 5
Unchanged
2.44 to 2.4 2.429 to 2.4
more than 5, or 5 followed by at least 1 digit other
						  than 0
Increased by 1
2.46 to 2.5 2.451 to 2.5
5 followed by zeros
Unchanged if Even, or Increased by 1 if Odd
2.450 to 2.4 2.550 to 2.6
(a) When the
			 first digit discarded is less than 5, the last digit retained should not be
			 changed. For example, if the quantity 984.3 is to be declared to 3 significant
			 digits, the number 3 to the right of the decimal point must be discarded since
			 it is less than 5 and the last digit to be retained (the number 4) will remain
			 unchanged. The rounded number will read 984. The same rationale applies to
			 numbers declared to two significant digits (for example 68.4 and 7.34); again,
			 the final digit is dropped and the last digit retained remains unchanged so
			 that the "rounded-off' numbers become 68 and 7.3 respectively.
(b) When the first digit to be discarded is
			 greater than 5, or it is a 5 followed by at least one digit other than zero,
			 the last digit to be retained should be increased by one unit.
Examples:
984.7
becomes
985
984.51
becomes
985
6.86
becomes
6.9
6.88
becomes
6.9
(c)
			 When the first digit to be discarded is exactly 5, followed only by zeros, the
			 final digit to be retained should be rounded up if it is an odd number (1, 3,
			 5, 7, or 9), but no adjustment should be made if it is an even number (2, 4, 6,
			 or 8).
Examples:
984.50
becomes
984
985.50
becomes
986
68.50
becomes
68
7.450
becomes
7.4
7.550
becomes
7.6
*NOTE:
See additional examples in Table 2.
3. Additional Advice on Rounding and
			 Significant Digits
(a) These rules require the
			 packer to use good judgment in making decisions on how to round and the number
			 of significant digits to use in quantity declarations. Rounding should always
			 be done in one step; for example, if 16.946 47 g has to be rounded to 3
			 significant digits, it should be rounded to 16.9 g, not 16.946 5, then to
			 16.946, then to 16.95 which would then round to 17.0 g (see rounding rules
			 above).
(b) Do not use rounded SI
			 values to calculate quantities. For example, using 1 in = 25.4 mm, rounded to
			 25 mm, should not be multiplied by 2 to determine the SI equivalent for 2 in.
			 The SI equivalent for 2 in is determined by multiplying 2 in x 25.4 mm = 50.8
			 mm, then rounding to 51 mm.
(c) If
			 a dimension given as 8 ft is valid to the nearest Vio in, consider it to mean
			 96.0 in and treat it as having 3 significant digits. The rounded dimension
			 would then be 2.44 m instead of 2.4 m.
(d) Conversions using a multiple digit
			 conversion factor usually give a product with more digits than the original
			 quantity. The final product should contain no more significant digits than are
			 contained in the number with the fewest significant digits used in the
			 conversion. For example, the area of a sheet of paper is determined on a
			 calculator by multiplying 1.25 cm (length) x 1.5 cm (width) = 1.875
			 cm2. The product given to 4 significant digits on
			 the calculator cannot be any more accurate than 2 significant digits (the
			 number of significant digits in 1.5 cm), so the area should be declared as 1.9
			 cm2.
(e)
			 Packagers of consumer commodities should be aware that when a converted value
			 is rounded up, there may be a need to (1) increase the package contents and/or,
			 (2) select a converted value that does not exaggerate the precision of the
			 quantity or overstate the net contents. For example, under the rules above, a
			 net weight declaration of 16 oz (453.592 37 g) may be rounded up 0r4gto 454 g
			 for 3 significant digits. Inspections by weights and measures officials are
			 typically conducted using devices with a resolution of 0.5 g or less. If the
			 packer does not address this possibility, some lots of commodities may pass
			 when the inch-pound declaration is tested, but fail when the SI declaration is
			 verified.
Table 2. Examples
Weight: To convert ounces to grams, multiply ounces by
						  28.349 5 grams
Inch-pound
Calculated SI
Rounded SI
1.0 oz
28.349 5 g
28 g
5.0 oz
141.747 6 g
142 g
10!/4 oz
290.582 38 g
291 g*
16.0 oz
453.592 4 g
454 g*
32.0 oz
907.184 g
907 g
48.0 oz
1360.776 g
1.36 kg
51b
2.267 962 kg
2.27 kg*
101b
4.535 924 kg
4.54 kg*
251b
11.339 81kg
11.3 kg
Liquid Volume: to convert fluid ounces to millimeters,
						  multiply fluid ounces by 29.573 5 milliliters
Inch-pound
Calculated SI
Rounded SI
l.Ofloz
29.573 5 mL
30 mL*
8.0 fl oz
236.588 mL
237 mL*
16.0 floz
473.176 mL
473 mL
32.0 floz
946.353 mL
946 mL
Igal
3.785 41 L
3.79 L*
2Vi
gal
9.463 525 L
9.46 L
5 gal
18.927 05 L
18.9 L
Dry Measure: to convert dry pints to milliliters,
						  multiply dry pints by 550.610 5 milliliters
Inch-pound
Calculated SI
Rounded SI
1 dry pt
550.610 5 mL
551 mL*
1 dry qt
1.101 221 L
1.1L
Length: to convert inches to millimeters, multiply
						  inches by 25.4 millimeters
Inch-pound
Calculated SI
Rounded SI
10.5 in
266.7 mm
267 mm* or 26.7 cm*
1ft
30.48 cm
305 mm* or 30.5 cm*
5 ft
152.4 cm
152 cm or 1.5 m
50 ft
15.240 03 m
15.2 m
100 ft
30.480 06 m
30.5 m*
* See 6.13. Rounding located under UPLR Appendix
						  B
B. Uniform Regulation for the Method of Sale
			 of Commodities as adopted by The National Conference on Weights and Measures*
1. Background
The National Conference on Weights and Measures (NCWM) has long
				been concerned with the proper units of measurement to be used in the sale of
				all commodities. This approach has gradually broadened to concerns of
				standardized package sizes and general identity of particular commodities.
				Requirements for individual products were at one time made a part of the
				Weights and Measures Law or were embodied in separate individual Model
				Regulations. In 1971, this "Model State Method of Sale of Commodities
				Regulation" was established (renamed in 1983); amendments have been adopted by
				the Conference almost annually since that time.
Sections with "added 1971" dates refer to those sections that
				were originally incorporated in the Weights and Measures Law or in individual
				Model Regulations recommended by the NCWM. Subsequent dates reflect the actual
				amendment or addition dates.
The 1979 edition included for the first time requirements for
				items packaged in quantities of the International System of Units (SI), the
				modernized metric system, as well as continuing to present requirements for
				inch-pound quantities. It should be stressed that nothing in this Regulation
				requires changing to the SI system of measurement. SI values are given for the
				guidance of those wishing to adopt new SI quantities of the commodities
				governed by this Regulation. SI means the International System of Units as
				established in 1960 by the General Conference on Weights and Measures and
				interpreted or modified for the United States by the Secretary of
				Commerce.
This Regulation assimilates all of the actions periodically
				taken by the Conference with respect to certain food items, non-food items, and
				general method of sale concepts. Its format is such that it will permit the
				addition of individual items at the end of appropriate sections as the need
				arises. Its adoption as a regulation by individual jurisdictions will eliminate
				the necessity for legislative consideration of changes in the method of sale of
				particular commodities. Such items will be able to be handled through the
				normal regulation-making process.
2. Status of Promulgation
The table beginning on page 10 shows the status of adoption of
				the Uniform Regulation for the Method of Sale of Commodities.
*The National Conference on Weights and Measures (NCWM)
				is supported by the National Institute of Standards and Technology (NIST) in
				partial implementation of its statutory responsibility for "cooperation with
				the states in securing uniformity in weights and measures laws and methods of
				inspection. "
Uniform Regulation for the Method of Sale of Commodities
Preamble
The purpose of this regulation is to require accurate and
				adequate information about commodities so that purchasers can make price and
				quantity comparisons.
(Added 1989)
Section
			 1. Food Products
{N01E
'&#9632;
page
										107]
1.1.
			 Berries and Small Fruits
1.1.1. Definitions. -
			 "Small fruits" includes, but is not limited to, cherries, currants, and cherry
			 tomatoes. "Berries" includes all fruit whose names end in the term "berry."
(Added 1991)
NOTE 1: Packages subject to this Section and the
				Federal Fair Packaging and Labeling Act shall be labeled in units of the
				International System of Units (SI) and inch-pound systems of measure effective
				February 14, 1994, [except for seed (see Section 10.10.) and camera film and
				recording tape (see Section 11.22.), and as specified in the Uniform Packaging
				and Labeling Regulation under Section 11.32. SI Units, Exemptions for Consumer
				Commodities]. SI units may appear first.
(Added 1982) (Amended 1990 and 1993)
1.1.2. Methods of Sale. - Berries and small
			 fruits shall be offered and exposed for sale and sold by weight
[NOTE 2, page 107] or by volume. If sold by volume, they
				must:
(Amended 1991)
(a) be in measure containers that are either
			 open or else covered by uncolored transparent lids or other wrappings that do
			 not obscure the contents, and
(b)
			 have capacities per Section 1.1.2.(b)(1) or Section 1.1.2.(b)(2). When selling
			 berries and small fruits by volume in measure containers, whether or not
			 covered, the measure containers themselves shall not be packages for labeling
			 purposes.
(1) SI Capacities - 250
			 milliliters, 500 milliliters, or 1 liter. (Added 1979) (Amended 1985)
(2) Inch-pound Capacities -
Vi
dry pint, 1 dry pint, or 1 dry quart.
NOTE 2: When used in this regulation, the term "weight"
				means "mass." (See paragraph I. in Section I., Introduction, of NIST Handbook
				130 for an explanation of these terms.)
1.1.3. Marking Requirements for
			 Shipping Containers. - If two or more measure containers are placed in a
			 shipping package, the crate or package shall show the number of measure
			 containers and the quantity of contents of each.
(Added 1971) (Amended 1979, 1985, 1989, and 1991)
1.2.
Bread. -
			 Bread kept, offered, or exposed for sale, whether or not packaged or sliced,
			 shall be sold by weight. The wrappers of bread that is sold and expressly
			 represented at the time of sale as "stale bread" shall not be considered
			 packages for labeling purposes.
(Added 1971) (Amended 1979, 1980, 1985, 1987, 1991, and
				1992)
1.3.
Butter, Oleomargarine, Margarine, Butter-Like, and/or Margarine-Like Spreads. -
			 Shall be offered and exposed for sale and sold by weight. "Butter-like and/or
			 margarine-like spreads" are those products that meet the Federal
Standard of Identity for butter or margarine and oleomargarine,
				except that they contain less than 80 % fat and may contain other safe and
				suitable ingredients.
(Added 1971) (Amended 1979, 1985, 1986, and 1994)
1.4. Flour, Corn Meal, and Hominy
			 Grits. - Wheat flour, whole wheat flour, graham flour, self-rising wheat flour,
			 phosphated wheat flour, bromated flour, corn flour, corn meal, and hominy
			 grits, whether enriched or not, shall be packaged, kept, offered, or exposed
			 for sale and sold by weight.
(Amended 1994)
1.5. Meat, Poultry, Fish, and Seafood.
[NOTE3'
pagel08]
			 - Shall be sold by weight, except that whole shellfish in the shell may be sold
			 by weight, measure, and/or count. Shellfish are aquatic animals having a shell,
			 such as mollusks (for example, scallops) or crustaceans (for example, lobster
			 or shrimp).
(Amended 1988)
NOTE 3: See Section 1.12. Ready-to-Eat Food for
				additional requirement.
1.5.1. In Combination with Other Foods. -
			 When meat, poultry, fish, or seafood is combined with some other food element
			 to form a distinctive food product, the quantity representation may be in terms
			 of the total weight of the product or combination, and a quantity
			 representation need not be made for each element provided a statement listing
			 the ingredients in order of their predominance by weight must also appear on
			 the label.
Note: See Interpretations and Guidelines Section 2.2.13.
				Declaration of Identity: Consumer Package and Labeling Regulation
				(UPLR).
(Amended 1989)
1.5.2. Clams, Mussels, Oysters, and Other
			 Mollusks.
1.5.2.1. Whole clams, oysters,
			 mussels, or other mollusks in the shell (fresh or frozen). - Shall be sold by
			 weight (including the weight of the shell, but not including the liquid or ice
			 packed with them), dry measure (e.g., bushel), and/or count. In addition, size
			 designations may be provided.
1.5.2.2. Whole clams, oysters, mussels, or
			 other mollusks on the half shell (fresh, cooked, smoked, or frozen, with or
			 without sauces or spices added). - Shall be sold by weight (excluding the
			 weight of the shell) or by count. Size designations may also be provided.
(Added 1989)
1.5.2.3. Fresh oysters removed from the
			 shell. - Shall be sold by weight, drained weight, or by fluid volume. For
			 oysters sold by weight or by volume, a maximum of 15 % free liquid by weight is
			 permitted.
(Amended 1991)
1.5.2.4. Processed clams, mussels, oysters,
			 or other mollusks on the half shell (fresh or frozen). - Shall be sold by net
			 weight excluding the weight of the shell. The term "processed" means removing
			 the meat from the shell and chopping it or cutting it or commingling it with
			 other solid foods.
(Amended 1989)
1.5.2.5. Canned (heat-processed) mussels,
			 clams, oysters, or other mollusks. - Shall be sold by net weight. A maximum of
			 41 % free liquid by weight is permitted for canned oysters.
(Added 1986 and 1971) (Amended 1982, 1985, 1986, and
				1989)
1.6. Fluid Milk Products. - All fluid milk
			 products, including, but not limited to milk, lowfat milk, skim milk, cultured
			 milks, and cream, shall be sold in terms of fluid volume.
(Amended 1995)
1.7. Other Milk Products. - Cottage cheese,
			 cottage cheese products, and other milk products that are solid, semisolid,
			 viscous, or a mixture of solid and liquid, as defined in the Pasteurized Milk
			 Ordinance of the U.S. Public Health Service, as amended in 1965, shall be sold
			 in terms of weight.
(Amended 1995)
1.7.1.
			 Factory Packaged Ice Cream and Similar Frozen Products. - Ice cream, ice milk,
			 frozen yogurt, and similar products shall be kept, offered, or exposed for sale
			 or sold in terms of fluid volume.
(Amended 1995)
1.7.2. Pelletized Ice Cream and Similar
			 Pelletized Frozen Desserts. - A semi-solid food product manufactured at very
			 low temperatures using a nitrogen process and consisting of small beads of
			 varying sizes. Bits of inclusions (cookies, candy, etc.) that also vary in size
			 and weight may be mixed with the pellets.
1.7.2.1. Method of retail sale. - Packaged
			 pelletized ice cream or similar pelletized frozen desserts shall be kept,
			 offered, or exposed for sale on the basis of net weight.
Note: This method of sale for pelletized ice cream shall be
				enforceable after April 17, 2010, and after August 2, 2011, for similar
				pelletized frozen desserts.
(Added 2010) (Amended 2011)
1.8. Pickles. - The declaration of
			 net quantity of contents on pickles and pickle products, including relishes but
			 excluding one or two whole pickles in a transparent wrapping, which may be
			 declared by count, shall be expressed in terms of liquid measure. Sales of
			 pickles from bulk may be by count.
(Added 1971)
1.9. Advertising and Price Computing of Bulk
			 Food Commodities.
1.9.1. Total Price
			 Computing. - The price of food commodities sold from bulk by weight shall be
			 computed in terms of whole units of weight (i.e., grams, kilograms, pounds,
			 ounces, etc.) and not in common or decimal fractions.
1.9.2. Unit Price Advertising. - The price of
			 food commodities sold from bulk by weight shall be advertised or displayed in
			 terms of whole weight units of kilograms or pounds only, not in common or
			 decimal fractions or in ounces. A supplemental declaration is permitted in
			 print no larger than the whole unit price. This supplemental declaration may be
			 expressed in common or decimal fractions or in ounces.
(Added 1976) (Amended 1985, 1987, and 1991)
1.10. Generic Terms for Meat Cuts.
			 - A declaration of identity for meat cuts shall be limited to generic terms,
			 such as those listed in the Uniform Retail Meat Identity Standards.
The following abbreviations may be used:
BARBQ
Barbecue
BI
Bone In
BNLS
Boneless
DBLE
Double
LGE
Large
N.Y. (NY)
New York
PK
Pork
POT-RST
Pot Roast
RND
Round
RST
Roast
SHLDR
Shoulder
SQ
Square
STK
Steak
TRMD
Trimmed
(Added 1976)
1.11. Sale of Meat by Carcass, Side, or
			 Primal Cut - The seller of a carcass, side, quarter, or primal cut on a gross
			 or hanging weight basis shall provide to the buyer a written statement giving
			 the following information at the times indicated:
(Amended 1985)
1.11.1.
			 Prior to Delivery.
(a) the name and address of
			 the seller (firm);
(b) the date of
			 the contract;
(c) the name and
			 address of the buyer;
(b) the total
			 net weight (hanging weight) of the carcass, side, or primal cut prior to
			 cutting or processing;
(e) the USD
			 A quality grade and yield grade of the meat to be supplied, if so
			 represented;
(f) the price per
			 pound for each species (not including any inducements) and the total price of
			 the sale order;
(g) the estimated
			 cutting loss on the order in terms of percentage and weight (e.g., 40 %, 72.5
			 kg [160 lb]); (h) a list by name and estimated count of each cut to be derived
			 from each primal source;
(i)
			 additional costs, listed separately, for cutting, wrapping, freezing, and
			 finance charges, if any; and
(j)
			 that the buyer may keep the cutting loss. (Added 1985)
1.11.2. At the Time of Delivery.
(a) the name and address of the buyer and
			 seller;
(b) the date of
			 delivery;
(c) the total net weight
			 of the meat delivered;
(d) a list,
			 by name and count, of each cut derived from each primal cut; and
(e) a separate indication of the quantity of
			 any meat or other commodity (s) received by the purchaser as an inducement in
			 connection with the purchase of the carcass, side, or primal cut.
(Added 1985)
1.11.3. Exemptions. - This subsection shall
			 not apply to the sale of any carcass, side, quarter, or primal cut of meat that
			 individually or collectively has a gross or hanging weight of 22.6 kg (50 lb)
			 or less.
(Added 1985)
1.11.4. Right of Cancellation. - The buyer
			 shall have the right to cancel any carcass, side, quarter, or primal cut meat
			 contract until midnight of the third business day after the day on which the
			 buyer executed the contract or after the day on which the seller provided the
			 buyer with a fully executed copy of the contract, whichever is later.
(Added 1985 and 1977) (Amended 1980 and 1985) 1.12.
				Ready-to-Eat Food.
1.12.1.
			 Definition - Ready-to-Eat Food. - Restaurant style food offered or exposed for
			 sale, whether in restaurants, supermarkets, or similar food service
			 establishments, that is ready for consumption, though not necessarily on the
			 premises where sold. Ready-to-Eat Food does not include sliced luncheon
			 products, such as meat, poultry, or cheese when sold separately.
NOTE: The sale of an individual piece of fresh fruit
				(like an apple, banana, or orange) is allowed by count.
(Added
				2004)
1.12.2. Methods of
			 Sale. - Ready-to-Eat Food sold from bulk or in single servings packed on the
			 premises may be sold by weight, measure, or count (count includes servings).
(Amended 1993)
1.13. Home Food Service Plan Sales
1.13.1. Definitions.
As used in this section, the following words and phrases shall
				have the following meanings:
(a) Home
			 Food Service Plan. - The offering for sale to a consumer, in the consumer's
			 home, any food item, or food item in combination with any nonfood item and/or
			 services, whether or not a membership fee or similar charge is
			 involved.
(b) Seller. - Any person,
			 partnership, corporation, or association, however organized, engaged in the
			 sale of a home food service plan.
(c) Buyer. - Both the actual and prospective
			 purchaser, but does not include persons purchasing for resale.
(d) Contract. - All of the collective written
			 agreements subscribed by a buyer at the time of sale relating to the purchase
			 of a home food service plan, except promissory notes or other financing
			 agreements.
(e) Food Item. - Each
			 edible product sold as part of a home food service plan, including, but not
			 limited to, each constituent part or kind of meat cut from a primal source,
			 each kind of whole poultry or poultry part, seafood products, and other like
			 products.
(f) Nonfood Item. - Each
			 inedible product sold as part of a home food service plan, including, but not
			 limited to, paper products, health and beauty products, detergents, cleaners
			 and disinfectants, rolls of wrapping, and like products. The term does not
			 include food items and durable consumer goods such as appliances.
(g) Unit Price. - The price of a food or
			 nonfood item sold as part of a home food service plan, computed to the nearest
			 tenth of 1 cent when less than 1 dollar, and to the nearest cent when 1 dollar
			 or more. The unit price, exclusive of any service charge(s), shall be expressed
			 in terms of the price per unit of weight, measure, or count set forth in the
			 "Uniform Unit Pricing Regulation" in the current edition of NIST Handbook
			 130.
(h) Service Charge. - The
			 total price for any additional features, services, and processing associated
			 with the purchase of a home food service plan, whether stated in terms of
			 membership fees or otherwise.
(i)
			 Primal Source. - Refers to the following cuts:
(1) for beef, the primal sources are the
			 round, flank, loin, rib, plate, brisket, chuck, and shank;
(2) for veal and lamb or mutton, the primal
			 sources are the leg, flank, loin, rack (rib), and shoulder; and
(3) for pork, the primal sources are the
			 belly, loin, ham, spareribs, shoulder, and jowl.
1.13.2. Contract and Disclosure
			 Requirements.
1.13.2.1. At the time of sale:
(a) At the time of sale, the Seller shall
			 provide the Buyer with a single document, referred to in this subsection as the
			 "written agreement," which shall clearly and conspicuously disclose the
			 following:
(1) the name, address, and
			 telephone number of the Seller and the name and address of the Buyer;
(2) the date of the contract;
(3) the price of the food and nonfood items
			 of the home food service plan;
(4)
			 the service charge or the price of any service charges associated with the home
			 food service plan;
(5) the total
			 price of the home food service plan, including the price of the food and
			 nonfood items, and the price of any service charge; and
(6) a statement that the Buyer shall have the
			 right to cancel the home food service plan contract until midnight of the third
			 business day after the date on which the Buyer executed the contract or after
			 the day on which the Seller provided the Buyer with a fully executed copy of
			 the contract, whichever is later, by giving written notice of cancellation to
			 the Seller. Compliance with requirements of federal statutes, rules, or
			 regulations governing form of notice of right of cancellation shall be deemed
			 satisfactory notice of the requirements of this regulation.
(b) In addition to the above
			 disclosures required in the written agreement, the following disclosures are
			 required to be given to the Buyer at the time of sale:
(1) A written list of all food and nonfood
			 items to be sold, which shall include:
i. the
			 identity of each unit and, where applicable, the USDA quality grade of the
			 item, if so graded; the primal source; and the brand or trade name;
ii. he quantity of each item sold;
iii. the estimated serving size by net weight
			 of each piece of meat, poultry, and seafood item offered for sale under the
			 home food service plan, provided, however, that such estimates shall not differ
			 from the actual weight at the time of delivery by more than 5 % and the dollar
			 value of the meat, poultry, and seafood items delivered is equal to or greater
			 than that represented to the Buyer; and iv. the net weight, measure, or count
			 of all other food and nonfood items offered for sale.
(2) A current unit price list stating in
			 dollars and cents the price per kilogram or pound or other appropriate unit of
			 measure, and the total sale price of each item to be delivered. This price list
			 shall clearly and conspicuously make reference to the fact of whether there are
			 additional costs disclosed in the written agreement relating to any "service
			 charges" associated with the purchase of the home food service plan.
(3) If a membership is sold, a written
			 statement of all terms, conditions, benefits, and privileges applicable to the
			 membership.
(4) If a service charge
			 is included, a written statement specifically identifying the service(s)
			 provided and the price(s) charged for them.
1.13.2.2. At the time of delivery:
(a) At the time of delivery, the Seller shall
			 provide a receipt, for signature by the Buyer, disclosing the following
			 information:
(1) the identity of the item and
			 the net quantity of the contents in terms of either weight, measure, or count,
			 as required by applicable law. The net weight of each food item delivered shall
			 be within the limit specified in Section 1.13.2.1b(i)(iii) Contract and
			 Disclosure Requirements; and
(2)
			 the unit price and total sales price of each food and nonfood item. The unit
			 price shall be the same as that specified on the unit price list given to the
			 Buyer at the time of sale.
1.13.3. Advertisement of Home Food Service
			 Plans. - Any advertisement of a home food service plan which discloses item
			 pricing information in accordance with the provisions of this section shall set
			 forth, in a clear and conspicuous manner, whether there are any service charges
			 or other additional costs associated with the purchase of the home food service
			 plan.
(Added 1992)
Section 2. Non-food Products
{N01E
'&#9632;
page
										107]
2.1.
			 Advertising and Price Computing of Bulk Commodities. - The price of bulk
			 commodities or commodities not in package form and sold by weight shall be
			 advertised, displayed, and computed in terms of whole units of weight (i.e.,
			 grams, kilograms, pounds, ounces, etc.), and not in common or decimal
			 fractions.
(Added 1989)
2.2. Fence Wire Products. - Rolls offence
			 wire products shall be sold by:
(a) Gauge of
			 wire.
(b) Height in terms of inches
			 or centimeters, if applicable.
(c)
			 Length in terms of rods, meters, or feet. (Added 1979)
2.3. Coatings. - Asphalt paints, coatings,
			 and plastics shall be sold in terms of liquid measure. (Added 1971)
2.4. Fireplace and Stove Wood. - For the
			 purpose of this regulation, this section shall apply to the sale of all wood,
			 natural and processed, for use as fuel or flavoring.
(Amended 1999)
2.4.1.
			 Definitions.
2.4.1.1. Fireplace and stove
			 wood. - Any kindling, logs, boards, timbers, or other wood, natural or
			 processed, split or not split, advertised, offered for sale, or sold for use as
			 fuel.
(Amended 1991)
2.4.1.2. Cord. - The amount of wood that is
			 contained in a space of 128 ft3 when the wood is
			 ranked and well stowed. For the purpose of this regulation, "ranked and well
			 stowed" shall be construed to mean that pieces of wood are placed in a line or
			 row, with individual pieces touching and parallel to each other, and stacked in
			 a compact manner.
2.4.1.3.
			 Representatioa - This shall be construed to mean any advertisement, offering,
			 invoice, or the like that pertains to the sale of fireplace or stove
			 wood.
2.4.1.4.. Flavoring chips. -
			 Any kindling, logs, boards, timbers, or other natural or processed, split or
			 unsplit wood that is advertised, offered for sale, or sold for flavoring smoked
			 or barbequed foods.
(Added 1999)
2.4.2. Identity. - A representation may
			 include a declaration of identity that indicates the species group (for
			 example, 50 % hickory, 50 % miscellaneous softwood). Such a representation
			 shall indicate, within 10 % accuracy, the percentages of each group.
2.4.3. Quantity. - Fireplace and stove wood
			 shall be advertised, offered for sale, and sold only by measure, using the term
			 "cord" and fractional parts of a cord or the cubic meter, except that:
(a) Packaged natural wood. - Natural wood
			 offered for sale in packaged form in quantities less than 0.45
			 m3 (Vs cord or 16 ft3)
			 shall display the quantity in terms of
(1)
			 liters, to include fractions of liters; or
(2) cubic inches, if less than one cubic
			 foot; or
(3) cubic feet, if one
			 cubic foot or greater, to include fractions of a cubic foot. (Amended
			 2010)
(b) Artificial
			 compressed or processed logs. - A single fireplace log shall be sold by weight,
			 and packages of such individual logs shall be sold by weight plus
			 count.
(c) Stove wood pellets or
			 chips. - Pellets or chips not greater than 15 cm (6 in) in any dimension shall
			 be sold by weight. This requirement does not apply to flavoring chips.
(Amended 1976 and 1991)
(d) Flavoring chips - Flavoring chips
			 -offered for sale in packaged form in quantities less than 0.45 m3
				(V8 cord or 16
			 ft3) shall display the quantity in terms of:
(1) liters, to include fractions of liters;
			 or
(2) cubic inches, if less than
			 one cubic foot; or
(3) cubic feet,
			 if one cubic foot or greater, to include fractions of a cubic foot. (Added
			 1998)(Amended2010)
Note: In determining the appropriate Method of Sale, a clear
				distinction must be made as to whether the wood is being sold primarily as fuel
				(some wood is sold as fuel but flavoring is a byproduct) or strictly as a wood
				flavoring.
(Added 2010)
2.4.4. Prohibition of Terms. - The terms
			 "face cord," "rack," "pile," "truckload," or terms of similar import shall not
			 be used when advertising, offering for sale, or selling wood for use as
			 fuel.
2.4.5. Delivery ticket or
			 sales invoice. - A delivery ticket or sales invoice shall be presented by the
			 seller to the purchaser whenever any non-packaged fireplace or stove wood is
			 sold. The delivery ticket or sales invoice shall contain at least the following
			 information:
(a) the name and address of the
			 vendor;
(b) the name and address of
			 the purchaser;
(c) the date
			 delivered;
(d) the quantity
			 delivered and the quantity upon which the price is based, if this differs from
			 the delivered quantity;
(e) the
			 price of the amount delivered; and
(f) the identity, in the most descriptive
			 terms commercially practicable, including any quality representation made in
			 connection with the sale.
(Added 1975)
2.5. Peat and Peat Moss. - Applies only with
			 respect to organic matter of geological origin, excluding coal and lignite,
			 originating principally from dead vegetative remains through the agency of
			 water in the absence of air and occurring in a bog, swampland, or marsh, and
			 containing an ash content not exceeding 25 % on a dry weight basis [dried in an
			 oven at 105 °C (221 °F) until no further weight loss can be
			 determined].
2.5.1. Declaration of Quantity.
			 -The declaration of quantity of peat and peat moss shall be expressed in weight
			 units or in cubic measure units.
2.5.2. Units
2.5.2.1. Weight. -Peat and peat moss sold in
			 terms of weight shall be offered and exposed for sale only in kilograms and/or
			 pounds.
2.5.2.2. Cubic measure. -
			 Peat and peat moss sold in terms of cubic measure shall be offered and exposed
			 for sale only in liters and/or cubic feet. If the commodity is labeled in terms
			 of compressed cubic measurement, the quantity declaration shall represent the
			 quantity in the compressed state.
(Added 1971) (Amended 1975, 1979, 1983, and 1997)
2.6.
			 Prefabricated Utility Buildings. - Shall be offered for retail sale on the
			 basis of usable inside space as follows:
(a)
			 length, measured from inside surface of wall panels at the base;
(b) width, measured from inside surface of
			 wall panels at the base;
(c)
			 height, measured from the base to the top of the shortest wall panel.
Inside dimensions in SI units shall be declared to the nearest
				0.01 meter; inside dimensions in inch-pound units shall be declared to the
				nearest inch.
If total usable inside space is declared in a supplemental
				declaration, it shall be to the nearest cubic decimeter or cubic foot.
(Added 1975)
2.7. Roofing and Roofing Material. - Shall be
			 sold by the square meter only if sold in SI units, by the square, or by the
			 square foot only if sold in inch-pound units.
(Amended 1979)
2.7.1.
			 Definitions
2.7.1.1. Square meter. - The
			 quantity of roofing or roofing material that, when applied according to the
			 directions or instructions of the manufacturer, will cover one square meter
			 exclusive of side laps or side joints.
(Added 1979)
2.7.1.2. Square. - The quantity of roofing or
			 roofing material that, when applied according to directions or instructions of
			 the manufacturer, will cover an area of 100 ft2
			 exclusive of side laps or side joints, provided, in the case of roofing or
			 roofing material of corrugated design, the side lap or side joint shall be one
			 full corrugation.
2.7.1.3. Square
			 foot. - The quantity of roofing or roofing material that, when applied
			 according to the directions or instructions of the manufacturer, will cover 1
			 ft2 (144 in2) exclusive
			 of side laps or side joints.
2.7.2. Declaration of Quantity. - When the
			 declaration of quantity on a package of roofing or roofing material contains
			 the term "square," it shall include, plainly and conspicuously, a numerical
			 definition of the term "square."
Example:
"One square covers 100 ft2 of roof
				area."
2.7.2.1. Common fractions. -
			 The use of the common fraction one-third
QA)
is specifically
			 authorized in the quantity statement of a package of roofing or roofing
			 material when, and only when, used as the common fraction of the
			 "square."
2.7.2.2. Quantity
			 statement - The primary declaration if in inch-pound units shall only be in
			 terms of squares or square feet, and if in metric units shall only be in terms
			 of square meters. There is no prohibition against the use of supplementary
			 quantity declarations, such as shingle dimensions, but in no case shall the
			 weight of the material be stated or implied. However, the use of numerical
			 descriptions for rolls of felt roofing material may continue to be used.
(Added 1971) (Amended 1979)
2.8. Sealants. - Caulking
			 compounds, glazing compounds, and putty shall be sold in terms of liquid
			 measure, except that rope caulk shall be sold by weight.
(Added 1971) (Amended 1981)
2.9. Sod and Turf.
2.9.1. Applicatioa - For the purpose of this
			 regulation, this section shall apply to all sod, including turf sod, turf
			 plugs, and turf sprigs.
2.9.2.
			 Definitions.
2.9.2.1. Sod. - Shall mean "turf
			 sod," "turf plugs," or "turf sprigs" of a single kind or variety or a mixture
			 of kinds and varieties.
2.9.2.2.
			 Turf. - The live population of one or more kinds of grasses, legumes, or other
			 plant species used for lawns, recreational use, soil erosion control, or other
			 such purposes.
2.9.2.3. Turf plug.
			 - A small section cut from live turf of those kinds of turf normally
			 vegetatively propagated (such as zoysia grass) that when severed contain
			 sufficient plant material to remain intact.
2.9.2.4. Turf sod. - A strip or section of
			 live turf that when severed contains sufficient plant material to remain
			 intact.
2.9.2.5. Turf sprig. - A
			 live plant, stolon, crown, or section cut from stolonifera plants used as
			 turf.
2.9.3. Quantity. -
			 Sod shall be advertised, offered for sale, and sold by measure or by a
			 combination of count and measure as prescribed by this subsection.
2.9.3.1. Turf sod. - Turf sod shall be
			 advertised for sale and sold in terms of the square meter, square foot, or
			 square yard, as appropriate.
(Amended 1979)
2.9.3.2. Turf plugs. - Turf plugs shall be
			 advertised for sale and sold in terms of count, combined with a statement of
			 the plug diameter.
2.9.3.3. Turf
			 sprigs. - Turf sprigs shall be advertised for sale and sold in terms of the
			 liter or bushel. (Added 1976) (Amended 1979)
2.10. Softwood Lumber. - Applies to softwood
			 boards, timbers, and dimension lumber that have been surfaced, but shall not
			 apply to rough lumber, to lumber that has been matched, patterned, or
			 shiplapped; or to lumber remanufactured or joined so as to have changed the
			 form or identity, such as individually assembled or packaged millwork items.
			 "Nominal sizes" for inch-pound dimensions are size designations used for
			 convenience in describing approximate, rather than actual, sizes of lumber.
			 "Nominal sizes" were originally derived from the dimensions of rough lumber
			 before surfacing and are always greater than the actual dimensions; thus a dry
			 "2 x 4" is surfaced to actual dimensions of
Wi
in x
3Vi
in (38 mm x 89 mm). The requirements in this section refer
			 to actual sizes of lumber; for nominal sizes (see Table 1. Softwood Lumber
			 Sizes). The nominal sizes used in this section follow Department of Commerce
			 Voluntary Product Standard PS 20-10, "American Softwood Lumber Standard," or
			 latest edition. SI equivalents are included for actual measurements only.
2.10.1. Definitions.
2.10.1.1. Surfaced (dressed) lumber. - Lumber
			 that has been surfaced by a machine (to attain smoothness of surface and
			 uniformity of size) on one side (SIS), on two sides (S2S), one edge (S1E), two
			 edges (S2E), or a combination of sides and edges (SISIE, S1S2E, S2S1E,
			 S4S).
2.10.1.2. Boards. - Lumber 38
			 mm (l!/2 in) or less in actual thickness and 38 mm
			 (l!/2 in) or more in actual width. Lumber less than 139
			 mm
(5Vi
in) in actual width may be classified as
			 strips.
2.10.1.3. Timbers. - Lumber
			 114 mm (4!/2 in) or more in smallest dimension. Timbers
			 may be designated as beams, stringers, posts, caps, sills, girders, or
			 purlins.
2.10.1.4. Dimension
			 lumber. - Lumber from 38 mm (l!/2in) to, but not
			 including, 114 mm (4!/2in) in actual thickness, and 38
			 mm (l!/2 in) or more in actual width. Dimension lumber
			 may be designated as framing, joists, planks, rafters, or studs.
2.10.1.5. Rough lumber. - Lumber that has not
			 been surfaced, but that has been sawed, edged, and trimmed at least to the
			 extent of showing saw marks, or other primary manufacturing marks in the wood,
			 on the four longitudinal surfaces of each piece for its overall
			 length.
2.10.1.6. Matched lumber. -
			 Lumber that has been worked with a tongue on one edge of each piece and a
			 groove on the opposite edge to provide a close tongue and groove joint by
			 fitting two pieces together; when end-matched, the tongue and groove are worked
			 in the ends also.
2.10.1.7.
			 Patterned lumber. - Lumber that is shaped to a pattern or a molded form, in
			 addition to being dressed, matched, or shiplapped, or any combination of these
			 workings.
2.10.1.8. Shiplapped
			 lumber. - Lumber that has been worked or rabbeted on both edges of each piece
			 to provide a closelapped joint by fitting two pieces together.
2.10.1.9. Grade. - The commercial designation
			 assigned to lumber meeting specifications established by a nationally
			 recognized grade rule writing organization.
2.10.1.10. Species. - The commercial name
			 assigned to a species of trees.
2.10.1.11. Species group. - The commercial
			 name assigned to two or more individual species having similar
			 characteristics.
2.10.1.12.
			 Representatioa - A "representation" shall be construed to mean any
			 advertisement, offering, invoice, or the like that pertains to the sale of
			 lumber.
2.10.1.13. Minimum dressed
			 sizes (width and thickness). - The standardized width and thickness at which
			 lumber is dressed when manufactured in accordance with the U.S. Department of
			 Commerce Voluntary Product Standard PS 20-10), "American Softwood Lumber
			 Standard," or latest edition, and regional grading rules conforming to PS 20-10
			 or latest edition. (See Table 1. Softwood Lumber Sizes.)
2.10.2. Identity. - Representations shall
			 include a declaration of identity that specifies the grade or grades, species
			 or species group, and whether the lumber is unseasoned (green) or
			 dry.
2.10.3. Quantity. -
			 Representations shall be in terms of:
(a) the
			 number of pieces;
(b) the minimum
			 surfaced width and thickness; and
(c) either the length of individual pieces or
			 the lineal footage, except that the use of nominal dimensions shall be allowed
			 as long as a table of minimum surfaced sizes is displayed prominently or the
			 actual dimensions are prominently displayed to the customer and the term
			 "nominal" or "nom" is also used in conjunction with any representation of
			 dimensions.
Table 1. Softwood Lumber Sizes
Minimum standard surfaced sizes at the time of
						  manufacture for both unseasoned (green) and dry lumber as published by the U.S.
						  Department of Commerce in Voluntary Product Standard PS 20-10 or latest
						  edition.
Product Classification (Nominal Size)
Minimum Dressed Sizes**
Unseasoned
Dry
Inches
Inches
Millimeters
Inches
Millimeters
Surfaced Lumber*
2x4
I7l6 X 37l6
40x90
l!/2x3!/2
38x89
2x6
I7l6 X 55/8
40 x 143
VAX5V2
38 x 140
2x8
l7ie x
TA
40 x 190
VAxTA
38x184
2x10
l7ie x 9!/2
40x241
VAxWa
38x235
2x12
l7i6xll!/2
40 x 292
VAxlVA
38x286
Board Lumber
1x4
2732X3716
20x90
3/4x31/2
19x89
1x6
15hi
x
						  57s
20 x 143
3/4x51/2
19x140
1x8
2732 x
TA
20 x 190
3/4 x
TA
19x184
1x10
2732 x
						  9!/2
20x241
3/4 x
						  9!/4
19x235
1x12
25/32 x 11½
20 x 292
3/4Xll1/4
19x286
*The dry thicknesses of nominal 3 in and 4 in lumber
						  are
2lA
in (64 mm) and
3lA
in (89 mm); unseasoned
						  thicknesses are 29/i6 in (65 mm) and
						  39/i6 (90 mm). Widths for these thicknesses are the
						  same as shown above.
**PS 20-05 defines dry lumber as being 19 % or less in
						  moisture content and unseasoned lumber as being over 19 % moisture content. The
						  size of lumber changes approximately 1 % for each 4 % change in moisture
						  content. Lumber stabilizes at approximately 15 % moisture content under normal
						  use conditions.
(Added 1971)
(Added 1971) (Amended 1990 and 1993)
2.11. Carpet - Anyone
			 who sells carpet shall provide the purchaser with written statements at the
			 time of sale giving the following information:
(a) The name and address of the
			 manufacturer.
(b) The style name
			 and roll number of the carpet.
(c)
			 The generic name of the fiber and the type of backing material.
(d) The amount delivered (exact size
			 shipped).
(e) The price per square
			 meter if sold in SI units, or the price per square foot if sold in inch-pound
			 units, and the total price.
(Added 1977) (Amended 1979 and 1999)
2.12. Hardwood Lumber - Retail
			 Sales. - The requirements of this section apply to retail sales of hardwood
			 lumber, but not to hardwood flooring, molding, or other pre-formed products.
2.12.1. Definitions.
2.12.1.1. Board foot - The inch-pound unit of
			 volume measurement for hardwood lumber. A board foot is the volume of aboard 1
			 ft long, 1 ft wide, and 1 in thick or its equivalent (144
			 in3 of wood).
2.12.1.2. Surfaced lumber. - Lumber that has
			 been surfaced for the purpose of attaining smoothness of surface and uniformity
			 of size.
2.12.1.3. Kiln drying. - A
			 specialized process used to minimize dimensional changes in service. Hardwood
			 lumber used for most products must have moisture removed by placing it in a
			 drying kiln with controlled humidity and heat for a period of time determined
			 by the initial and the final moisture content, the species, and the
			 thickness.
2.12.1.4. Surface
			 measure. - A rounded area measurement for hardwood lumber. The surface measure
			 shall be determined by multiplying the full width of the piece in inches and
			 fractions by the standard length (see Section 2.12.1.7. Standard Lengths) in
			 feet, dividing by 12, and rounding up or down to the nearest whole square foot.
			 (Fractions less than or equal to one-half square foot are rounded down and
			 those greater than one-half square foot are rounded up.)
2.12.1.5. Species. - The commercial name
			 assigned to a species of trees.
2.12.1.6. Species group. - The commercial
			 name assigned to two or more individual species having similar
			 characteristics.
2.12.1.7. Standard
			 lengths. - 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, or 16 feet. Fractional
			 lengths are rounded down to the next lower standard length (for example, if a
			 board is 6 ft 8 in long, its length is rounded down to 6 ft).
2.12.1.8. Stock widths. - Special items
			 manufactured to predetermined widths, normally for retail sale.
2.12.2. Identity. -
			 Representations shall include a declaration of identity that specifies the
			 species or species group.
2.12.3.
			 Surfaced (S4S) Lumber Manufactured to Stock Widths.
2.12.3.1. Quantity. - Representations shall
			 be in terms of one of the following:
(a) by
			 linear measure when surfaced width and thickness are stated; or
(b) by count when length and surfaced width
			 and thickness are stated; or
(c) by
			 surface measure (square feet) when a thickness is stated.
2.12.3.2. Representations. - The use of
			 nominal dimensions shall be allowed if the table of Minimum Surfaced Sizes for
			 Kiln Dried Hardwood Lumber or the actual dimensions are prominently displayed
			 to the customer, and the term "nominal" or "nom" is used in conjunction with
			 any representation of nominal dimensions.
2.12.3.3 Minimum surfaced sizes for kiln
			 dried lumber (width and thickness). - Table 2. Minimum Surfaced Sizes for Kiln
			 Dried Hardwood Lumber, shows the minimum sizes for the stock widths listed.
			 This table includes dimensions for thicknesses of 1 in and 2 in thick stock
			 lumber. Hardwood lumber is also manufactured in thicknesses of l'/iin (1 in
			 surfaced) and
VAin
(13/i6 in
			 surfaced). For other thicknesses, use the nominal and minimum widths from the
			 table. For example: a board with the nominal dimensions of
\lA
in x 4 in would have minimum
			 thickness of 1 in and minimum width of
3lA
in.
Table 2. Minimum Surfaced Sizes for Kiln Dried Hardwood
						  Lumber
SI Units for Thickness and Width
Thickness and Width in Inches
Minimum Sizes in Millimeters
Nominal Sizes
Minimum Sizes
38x89
2x4
l!/2x3!/2
38 x 140
2x6
l!/2x5!/2
38 x 184
2x8
VAxTA
38x235
2x10
IVixWa
38 x 286
2x12
VAxlVA
19x19
lxl
3A
x 
						  3/4
19x38
1x2
3/4Xl!/2
19x63
1x3
% x 2!/2
19x89
1x4
3/4x31/2
19 x 140
1x6
3/4x51/2
19 x 184
1x8
3/4 x
TA
19x235
1x10
% x 9!/4
19 x 286
1x12
3/4Xll1/4
The dry thickness of nominal
\lA
in lumber is
						  l3/i6 in. The dry thickness of nominal
\lA
in lumber is 1 in. Sizes are
						  shown in inches and millimeters. Minimum sizes in millimeters are calculated by
						  multiplying the size in inches by 25.4 and rounding to the nearest millimeter.
						  The rule for rounding is: round up for numbers greater than 0.50 mm and round
						  down for numbers less than or equal to 0.50 mm. In case of a dispute on size
						  measurements, the inch measurement takes precedence. Nominal and minimum widths
						  for these thicknesses are shown above. The SI equivalents for 1 in and
						  l3/i6 in lumber are 25.4 mm and 30.1 mm,
						  respectively.
2.12.4. Random Width Lumber.
2.12.4.1. Sales of random width hardwood
			 lumber. - Sales of random width hardware lumber measured after kiln drying
			 shall be quoted, invoiced, and delivered on the basis of net board footage with
			 no addition of footage for kiln drying shrinkage or surfacing. Sales of
			 hardwood lumber measured and sold prior to kiln drying or surfacing shall be
			 quoted, invoiced, and delivered on the basis of net board footage before kiln
			 drying or surfacing. If the lumber is to be kiln dried or surfaced at the
			 request of the purchaser, the kiln drying or surfacing charge shall be clearly
			 shown and identified on the quotation and invoice.
(Amended 1993)
2.13. Polyethylene Products.
2.13.1. Consumer and non-consumer products
			 offered and exposed for sale shall be sold in the terms given in Section
			 2.13.1.1. Sheeting and film.
2.13.1.1.
			 Sheeting and film.
Consumer products shall include quantity statements in both SI
				and inch-pound units.
Consumer products:
(a) length and width (in SI and inch-pound
			 units)
(b) area (in square meters
			 and square feet)
(c) thickness (in
			 micrometers and mils
[NOTE
4'
page
														122])
(d) weight (in SI and inch-pound units)
Non-Consumer Products:
(a) length and width (in SI or inch-pound
			 units)
(b) area (in square meters
			 or square feet)
(c) thickness (in
			 micrometers or mils
[NOTE
4'
page
														122])
(d) weight (in SI or inch-pound units)
(Added 1982) (Amended 1979, 1993, and 1998)
NOTE 4: 1 mil = 0.001 in = 25.4 micrometers
f//mj.
1 micrometer = 0.000 039 37 in.
(Amended
				1993)
2.13.2. Consumer Products at retail shall be
			 sold in the terms given in Section2.13.2.1. Food wrap, Section 2.13.2.2. Lawn
			 and trash bags, and Section 2.13.2.3. Food and sandwich bags.
2.13.2.1. Food wrap.
(a) length and width
(b) area in square meters and square feet
			 (Amended 1979)
2.13.2.2.
			 Lawn and trash bags.
(a) count
(b) dimensions
(c) thickness in micrometers and mils
			 (Amended 1993)
(d) capacity 
			 [NOTE 5, page 123]
2.13.2.3. Food and sandwich bags.
The capacity statement does not apply to fold-over sandwich
				bags.
(a) count
(b) dimensions
(c) capacity 
			 [M57E5'pagel23]
NOTE 5: See Section 10.8.2. Capacity of the Uniform
				Packaging and Labeling Regulation.
2.13.3. Non-consumer Products. -
			 Shall be offered and exposed for sale in the terms given in Section 2.13.3.1.
			 Bags. (Package shall be labeled in SI or inch-pound units and may include both
			 units.)
(Amended 1998)
2.13.3.1. Bags.
(a) count
(b) dimensions
(c) thickness in micrometers or
			 mils
(d) weight
(e) capacity 
			 [NOTE 5, page 123]
2.13.4. Declaration of Weight. -
			 The labeled statement of weight for polyethylene sheeting and film products
			 under Section2.13.1.1. Sheeting and film, and 2.13.3.1. Bags, shall be equal to
			 or greater than the weight calculated by using the formula below. The final
			 value shall be calculated to four digits, and declared to three digits,
			 dropping the final digit as calculated (for example, if the calculated value is
			 2.078 lb, then the declared net weight shall be 2.07 lb).
For SI dimensions:
M = T x A x D/1000, where:
M = net mass in kilograms T = nominal thickness in
				centimeters
A = nominal length in centimeters times nominal
				width
[NOTE
														6-
page
													123] in centimeters D = density in grams
				per cubic centimeter as determined by ASTM Standard D1505 10, Standard Test
				Method for Density of Plastics by the Density Gradient Technique (or latest
				issue)
For the purpose of this regulation, the minimum density shall
				be 0.92 g/cm3 (when D is not known).
For inch-pound dimensions:
W = T x A x 0.03613 x D, where:
W = net weight in pounds
T = nominal thickness in inches;
A = nominal length in inches times nominal
				width
[NOTE
														6'
page
													124] in inches
D = density in grams per cubic centimeter as determined by ASTM
				Standard D1505 10, Standard Test Method for Density of Plastics by the Density
				Gradient Technique (or latest issue); and 0.03613 is a factor for converting
				g/cm3 to lb/in3
For the purpose of this regulation, the minimum density shall
				be 0.92 g/cm3. (Added 1977) (Amended 1980, 1982,
				1987, 1989, 1990, and 1993)
NOTE 6: The nominal width for bags in this calculation
				is twice the labeled width.
2.14. Insulatioa
2.14.1. Packaged Loose-Fill Insulation Except
			 Cellulose. - The label shall declare:
(a) the
			 type of insulation and the net weight with no qualifying statement;
			 and
(b) the minimum thickness,
			 maximum net coverage area, and minimum weight per square foot at R values of
			 11, 19, and 22. This information shall also be supplied for any additional R
			 values listed.
(Amended 1990)
2.14.2. Packaged Loose-Fill Cellulose
			 Insulatioa - The label shall declare:
(a) the
			 type of insulation and the net weight with no qualifying statement;
			 and
(b) the minimum thickness,
			 maximum net coverage area, number of bags per 1000
			 ft2, and minimum weight per square foot at R values
			 of 13, 19, 24, 32, and 40. This information shall also be supplied for any
			 additional R values listed.
(Amended 1990)
2.14.3. Batt and Blanket Insulatioa - The
			 principal display panel of packaged batt or blanket insulation shall declare
			 the square feet of insulation in the package and the length and width of the
			 batt or blanket. In addition, R value and thickness shall be declared on the
			 package.
2.14.4. Installed
			 Insulatioa - Installed insulation must be accompanied by a contract or receipt.
			 For all insulation except loose-fill and aluminum foil, the receipt must show
			 the coverage area, thickness, and R value of the insulation installed. For
			 loose-fill, the receipt must show the coverage area, thickness, and R value of
			 the insulation, plus the number of bags used. For aluminum foil, the receipt
			 must show the number and thickness of the air spaces, the direction of heat
			 flow, and R value. The receipt must be dated and signed by the installer.
Example: This is to certify that the insulation has been
				installed in conformance with the requirements indicated by the manufacturer to
				provide a value of R 19 using 31.5 bags of insulation to cover 1500
				ft2 area. Signed and dated.
(Added 1979) (Amended 1983)
2.15. Solid Fuel Products. - Anthracite, semi
			 anthracite, bituminous, semi-bituminous or lignite coal, and any other natural,
			 manufactured, or patented fuel, not in liquid or gaseous form, except fireplace
			 and stove wood, shall be offered, exposed for sale, or sold by net weight when
			 in package form.
(Added 1979)
2.16. Compressed or Liquefied Gases in
			 Refillable Cylinders.
2.16.1. Applicatioa -
			 This section does not apply to disposable cylinders of compressed or liquefied
			 gases.
2.16.2. Net Contents. - The
			 net contents shall be expressed in terms of cubic meters or cubic feet,
			 kilograms, or pounds and ounces. See Section 2.21. Liquefied Petroleum Gas for
			 permitted expressions of net contents for liquefied petroleum gas. A standard
			 cubic foot of gas is defined as a cubic foot at a temperature of 21 °C (70
			 °F) and a pressure of 101.35 kilopascals (14.696 psia), except for
			 liquefied petroleum gas as stated in Section 2.21.
2.16.3. Cylinder Labeling. - Whenever
			 cylinders are used for the sale of compressed or liquefied gases by weight, or
			 are filled by weight and converted to volume, the following shall apply:
2.16.3.1. Tare weights.
(a) Stamped or stenciled tare weight. - For
			 safety purposes, the tare weight shall be legibly and permanently stamped or
			 stenciled on the cylinder. All tare weight values shall be preceded by the
			 letters "TW" or the words "tare weight." The tare weight shall include the
			 weight of the cylinder (including paint), valve, and other permanent
			 attachments. The weight of a protective cap shall not be included in tare or
			 gross weights. The Code of Federal Regulations Title 49, Section 178.50-22
			 requires the maker of cylinders to retain test reports verifying the cylinder
			 tare weight accuracy to a tolerance of 1 %.
(b) Tare weight for purposes of determining
			 the net contents. - The tare weight used in the determination of the final net
			 contents may be either:
(1) the stamped or
			 stenciled tare weight; or
(2) the
			 actual tare determined at the time of filling the cylinder. If the actual tare
			 is determined at the time of filling the cylinder, it must be legibly marked on
			 the cylinder or on a tag attached to the cylinder at the time of
			 filling.
(c) Allowable
			 difference. - If the stamped or stenciled tare is used to determine the net
			 contents of the cylinder, the allowable difference between the actual tare
			 weight and the stamped (or stenciled) tare weight, or the tare weight on a tag
			 attached to the cylinder for a new or used cylinder, shall be:
(1)
Vi
% for tare weights of
			 9 kg (20 lb) or less; or
(2)
Va
% for tare weights of more than 9 kg (20 lb).
(d) Average requirement. - When
			 used to determine the net contents of cylinders, the stamped or stenciled tare
			 weights of cylinders at a single place of business found to be in error
			 predominantly in a direction favorable to the seller and near the allowable
			 difference limit shall be considered to be not in conformance with these
			 requirements.
2.16.3.2.
			 Acetylene gas cylinder tare weights. - Acetone in the cylinder shall be
			 included as part of the tare weight.
2.16.3.3. Acetylene gas cylinder volumes. -
			 The volumes of acetylene shall be determined from the product weight using
			 approved tables such as those published in NIST Handbook 133 or those developed
			 using 70 °F (21 °C) and 14.7 ft3 (101.35
			 kPa) per pound at 1 atmosphere as conversion factors.
2.16.3.4. Compressed gases such as oxygen,
			 argon, nitrogen, helium, and hydrogen. - The volumes of compressed gases such
			 as oxygen, argon, nitrogen, helium, or hydrogen shall be determined using the
			 tables and procedures given in NIST Technical Note 1079, Tables of Industrial
			 Gas Container Contents and Density for Oxygen, Argon, Nitrogen, Helium, and
			 Hydrogen and supplemented by additional procedures and tables in NIST Handbook
			 133.
(Added 1981) (Amended 1990)
2.17. Precious Metals.
2.17.1. Definition.
2.17.1.1. Precious metals. - Gold, silver,
			 platinum, or any item composed partly or completely of these metals or their
			 alloys and in which the market value of the metal in the item is principally
			 the gold, silver, or platinum component.
2.17.2. Quantity. - The unit of measure and
			 the method of sale of precious metals, if the price is based in part or wholly
			 on a weight determination, shall be either troy weight or SI units. When the
			 measurement or method of sale is expressed in SI units of mass, a conversion
			 chart to troy units shall be prominently displayed so as to facilitate price
			 comparison. The conversion chart shall also display a table of troy weights
			 indicating grains, pennyweights, and troy ounces.
(Added 1982)
2.18. Mulch.
2.18.1. Definition.
2.18.1.1. Mulch. - Any product or material
			 except peat or peat moss (see Section 2.5. Peat and Peat Moss) that is
			 advertised, offered for sale, or sold for primary use as a horticultural,
			 aboveground dressing, for decoration, moisture control, weed control, erosion
			 control, temperature control, or other similar purposes.
(Added 1987)
2.18.2. Quantity. - All mulch shall be sold,
			 offered, or exposed for sale in terms of volume measure in SI units in terms of
			 the cubic meter or liter or in inch-pound units in terms of the cubic yard or
			 cubic foot.
(Added 1983) (Amended 1987)
2.19. Kerosene. - All kerosene kept, offered,
			 exposed for sale, or sold shall be identified as such and will include, with
			 the word kerosene, an indication of its compliance with the standard
			 specification adopted by ASTM International (ASTM) in Specification number
			 D3699 (2008 or latest revision).
Example:
IK Kerosene; Kerosene - 2K.
(Added 1983)
2.20. Gasoline-Oxygenate Blends.
2.20.1. Method of Retail Sale. - Type of
			 Oxygenate must be Disclosed. - All automotive gasoline or automotive
			 gasoline-oxygenate blends kept, offered, or exposed for sale, or sold at retail
			 containing at least 1.5 mass percent oxygen shall be identified as "with" or
			 "containing" (or similar wording) the predominant oxygenate in the engine fuel.
			 For example, the label may read "contains ethanol" or "with MTBE." The
			 oxygenate contributing the largest mass percent oxygen to the blend shall be
			 considered the predominant oxygenate. Where mixtures of only ethers are
			 present, the retailer may post the predominant oxygenate followed by the phrase
			 "or other ethers" or alternatively post the phrase "contains MTBE or other
			 ethers." In addition, gasoline-methanol blend fuels containing more than 0.15
			 mass percent oxygen from methanol shall be identified as "with" or "containing"
			 methanol. This information shall be posted on the upper 50 % of the dispenser
			 front panel in a position clear and conspicuous from the driver's position in a
			 type at least 12.7 mm (Vi in) in height, 1.5 mm (Vi6 in) stroke (width of
			 type).
(Amended 1996)
2.20.2. Documentation for Dispenser Labeling
			 Purposes. - At the time of delivery of the fuel, the retailer shall be
			 provided, on an invoice, bill of lading, shipping paper, or other documentation
			 a declaration of the predominant oxygenate or combination of oxygenates present
			 in concentrations sufficient to yield an oxygen content of at least 1.5 mass
			 percent in the fuel. Where mixtures of only ethers are present, the fuel
			 supplier may identify either the predominant oxygenate in the fuel (i.e., the
			 oxygenate contributing the largest mass percent oxygen) or, alternatively, use
			 the phrase "contains MTBE or other ethers." In addition, any gasoline
			 containing more than 0.15 mass percent oxygen from methanol shall be identified
			 as "with" or "containing" methanol. This documentation is only for dispenser
			 labeling purposes; it is the responsibility of any potential blender to
			 determine the total oxygen content of the engine fuel before blending.
(Added 1984) (Amended 1985, 1986, 1991, and 1996)
2.21. Liquefied
			 Petroleum Gas. - All liquefied petroleum gas, including, but not limited to
			 propane, butane, and mixtures thereof, shall be kept, offered, exposed for
			 sale, or sold by the pound, metered cubic
			 foot
INOTE
7'page
											127] of vapor (defined as 1
			 ft3 at 60 °F [15.6 °C]), or the gallon
			 (defined as 231 in3 at 60 °F [15.6 °C]). All
			 metered sales by the gallon, except those using meters with a maximum rated
			 capacity of 20 gal/min or less, shall be accomplished by use of a meter and
			 device that automatically compensates for temperature.
(Added 1986)
NOTE 7: Sources: American National Standards Institute,
				Inc., "American National Standard for Gas Displacement Meters (500 Cubic Feet
				per Hour Capacity and Under)," First Edition, 1974, and NIST Handbook 44,
				"Specifications, Tolerances, and Other Technical Requirements for Weighing and
				Measuring Devices."
2.22. Liquid Oxygen Used for Respiration.
(a) If sold by weight, liquid oxygen must be
			 weighed on an appropriate, sealed commercial scale. A pressure or other type of
			 gauge may not be used to determine weight.
(b) A delivery ticket or sales invoice shall
			 be provided and shall contain at least the following information:
(1) date delivered;
(2) name and address of vendor;
(3) name and address of the
			 purchaser;
(4) if sold by weight:
i. weight of cylinder before
			 filling;
ii. weight of cylinder
			 after filling; and
iii. the net
			 weight of liquid oxygen delivered;
(5) if sold by measure:
i. measurement and any computation used to
			 arrive at the net quantity of liquid oxygen delivered;
(6) the unit price;
(7) the total computed price; and
(8) weigher's or measurer's signature. (Added
			 1989)
2.23.
			 Animal Bedding. - Packaged animal bedding of all kinds, except for baled straw,
			 shall be sold by volume, that is, by the cubic meter, liter, or milliliter and
			 by the cubic yard, cubic foot, or cubic inch. If the commodity is packaged in a
			 compressed state, the quantity declaration shall include both the quantity in
			 the compressed state and the usable quantity that can be recovered.
Example:
250 mL expands to 500 mL (500 in3
				expands to 1000 in3).
(Added 1990)
2.23.1.
			 Exemption - Non-Consumer Packages Sold to Laboratory Animal Research Industry.
			 - Packaged animal bedding consisting of granular corncobs and other dry (8 % or
			 less moisture), pelleted, and/or non-compressible bedding materials that are
			 sold to commercial (non-retail) end users in the laboratory animal research
			 industry (government, medical, university, preclinical, pharmaceutical,
			 research, biotech, and research institutions) may be sold on the basis of
			 weight.
(Added 2010)
2.24. Wiping Cloths. - Wiping cloths shall be
			 sold by net weight or by count plus size of wiping cloths. When sold by count
			 plus size, and the wiping cloths are of assorted sizes, the term "irregular
			 dimensions" and the minimum size of such cloths must be declared. The gross
			 weight may not be printed on any package, either consumer or non-consumer.
(Added 1991)
2.25. Baler Twine. - Baler twine shall be
			 sold on the basis of length in meters or feet, and net mass or weight by
			 kilograms or pounds.
(Added 1992)
2.26. Potpourri. - Potpourri shall be sold as
			 follows:
(a) Potpourri packaged in advance of
			 sale shall be sold by weight, except when sold in a decorative container or
			 sachet, which may be sold by count.
(b) Potpourri sold from bulk shall be sold by
			 weight or by dry volume. (Added 1992)
2.27. Retail Sales of Natural Gas Sold as a
			 Vehicle Fuel.
2.27.1. Definitions.
2.27.1.1. Natural gas. - A gaseous fuel
			 composed primarily of methane that is suitable for compression and dispensing
			 into a fuel storage container(s) for use as an engine fuel.
2.27.1.2. Gasoline liter equivalent (GLE). -
			 Gasoline liter equivalent (GLE) means 0.678 kg of natural gas.
2.27.1.3. Gasoline gallon equivalent (GGE). -
			 Gasoline gallon equivalent (GGE) means 2.567 kg (5.660 lb) of natural
			 gas.
2.27.2. Method of
			 Retail Sale and Dispenser Labeling.
2.27.2.1.
			 Method of retail sale. - All natural gas kept, offered, or exposed for sale and
			 sold at retail as a vehicle fuel shall be in terms of the gasoline liter
			 equivalent (GLE) or gasoline gallon equivalent (GGE).
2.27.2.2. Dispenser labeling. - All retail
			 natural gas dispensers shall be labeled with the conversion factor in terms of
			 kilograms or pounds. The label shall be permanently and conspicuously displayed
			 on the face of the dispenser and shall have either the statement "1 Gasoline
			 Liter Equivalent (GLE) is equal to 0.678 kg of Natural Gas" or "1 Gasoline
			 Gallon Equivalent (GGE) is equal to 5.660 lb of Natural Gas" consistent with
			 the method of sale used.
2.28. Communication Paper.
2.28.1. Definitions.
2.28.1.1. Communication paper. - Packaged
			 bond, mimeo, spirit duplicator, xerographic, and other papers, including
			 cut-sized office paper and computer paper.
2.28.1.2. Basis weight - As used in this
			 regulation for labeling means the grade, category, or identity of the paper
			 determined according to the latest version of American Society for Testing and
			 Materials Standard Method D 646 for "Grammage of Paper and Paperboard." Basis
			 weight is used as a standard of identity and is not considered a net weight
			 declaration.
2.28.2.
			 Method of Retail Sale and Labeling.
2.28.2.1.
			 Method of retail sale. - All packaged communication paper kept, offered, or
			 exposed for sale and sold at retail shall be sold in terms of sheet length and
			 width and count.
2.28.2.2.
			 Labeling. - Communication paper in package form shall bear a label that
			 includes:
(a) a declaration of quantity, in
			 terms of sheet length and width and count, in the lower 30 % of the principal
			 display panel.
(b) a declaration of
			 identity including the basis weight, and may include such other information as
			 grain direction, color, brightness, printed lines, and hole punch information.
			 Due to the variation in basis weight in manufacturing and analysis, the basis
			 weight declared on the label shall correspond to the basis weight declared by
			 the original manufacturer.
(Added 1994)
2.29. Sand, Rock, Gravel, Stone, Paving
			 Stone, and Similar Materials, when Sold in Bulk - All sand, rock, gravel,
			 stone, paving stone, and similar materials kept, offered, or exposed for sale
			 in bulk must be sold as follows:
(a) Top soil,
			 fill dirt, aggregate or chipped rock, sand (including concrete and mortar
			 sand), decomposed granite, landscape type rock, and cinders must be sold by the
			 cubic meter or cubic yard or by weight.
(b) Flagstone must be sold by
			 weight.
(c) Dimensional cut stone
			 must be sold by square meter, square foot, or weight.
(d) This requirement does not apply to single
			 stones with engraving such as gravestones, natural or manmade artwork,
			 landscape boulders, and pre-cast uniform size blocks.
(Added 2000)
2.30. E85 Fuel Ethanol.
2.30.1. How to Identify Fuel Ethanol. - Fuel
			 ethanol shall be identified as E85.
2.30.2. Labeling Requirements.
(a) Fuel ethanol shall be labeled with its
			 automotive fuel rating in accordance with 16 Code of Federal Regulations Part
			 306.
(b) A label shall be posted
			 which states "For Use in Flexible Fuel Vehicles (FFV) Only." This information
			 shall be clearly and conspicuously posed on the upper 50 % of the dispenser
			 front panel in a type at least 12.7 mm
QA
in) in height, 1.5
			 mm (Vi6 in) stroke (width of type). A label shall be posted which states,
			 "Consult Vehicle Manufacturer Fuel Recommendations," and shall not be less than
			 6 mm
{lA
in) in height by 0.8 mm
			 ('/32 in) stroke; block style letters and the color shall be in definite
			 contrast to the background color to which it is applied.
(Added 2007)
2.31. Biodiesel and Biodiesel Blends.
2.31.1. Identification of Product. -
			 Biodiesel shall be identified by the term "Biodiesel" with the designation
			 "B100." Biodiesel Blends shall be identified by the term "Biodiesel
			 Blend."
2.31.2. Labeling of Retail
			 Dispensers.
2.31.2.1. Labeling of grade
			 required. - Biodiesel shall be identified by the grades S15 or S500. biodiesel
			 blends shall be identified by the grades No. 1-D, No. 2-D, or No.
			 4-D.
2.31.2.2. EPA labeling
			 requirements also apply. - Retailers and wholesale purchaser-consumers of
			 biodiesel blends shall comply with EPA pump labeling requirements for sulfur
			 under
			 40
			 CFR §
														80.570.
2.31.2.3. Automotive fuel rating. - Biodiesel
			 and biodiesel blends shall be labeled with its automotive fuel rating in
			 accordance with 16 CFR Part 306.
2.31.2.4. Biodiesel blends. - When biodiesel
			 blends greater than 20 % by volume are offered by sale, each side of the
			 dispenser where fuel can be delivered shall have a label conspicuously placed
			 that states "Consult Vehicle Manufacturer Fuel Recommendations." The lettering
			 of this legend shall not be less than 6 mm (% in) in height by 0.8 mm (V32 in)
			 stroke; block style letters and the color shall be in definite contrast to the
			 background color to which it is applied.
2.31.3. Documentation for Dispenser Labeling
			 Purposes. - The retailer shall be provided, at the time of delivery of the
			 fuel, a declaration of the volume percent biodiesel on an invoice, bill of
			 lading, shipping paper, or other document. This documentation is for dispenser
			 labeling purposes only; it is the responsibility of any potential blender to
			 determine the amount of biodiesel in the diesel fuel prior to
			 blending.
2.31.4. Exemption. -
			 Biodiesel blends that contain less than or equal to 5 % biodiesel by volume are
			 exempt from the requirements of Sections 2.31.1. Identification of Product,
			 2.31.2. Labeling of Retail Dispensers, and 2.31.3. Documentation for Dispenser
			 Labeling Purposes when it is sold as diesel fuel.
(Added 2008)
2.32. Retail Sales of Hydrogen Fuel (H).
2.32.1. Definitions for Hydrogen Fuel. - A
			 fuel composed of the chemical hydrogen intended for consumption in an internal
			 combustion engine or fuel cell.
2.32.2. Method of Retail Sale and Dispenser
			 Labeling. - All hydrogen fuel kept, offered, or exposed for sale and sold at
			 retail shall be in mass units in terms of the kilogram. The symbol for hydrogen
			 vehicle fuel shall be the capital letter "H" (the word Hydrogen may also be
			 used).
2.32.3. Retail Dispenser
			 Labeling.
(a) A computing dispenser must
			 display the unit price in whole cents on the basis of price per
			 kilogram.
(b) The service
			 pressure(s) of the dispenser must be conspicuously shown on the user interface
			 in bar or the SI unit of pascal (Pa) (e.g., MPa).
(c) The product identity must be shown in a
			 conspicuous location on the dispenser.
(d) National Fire Protection Association
			 (NFPA) labeling requirements also apply.
(e) Hydrogen shall be labeled in accordance
			 with 16 CFR 309 - FTC Labeling Alternative Fuels.
2.32.4. Street Sign Prices and
			 Advertisements.
(a) The unit price must be in
			 terms of price per kilogram in whole cents (e.g., $3.49 per kg, not $3,499 per
			 kg).
(b) The sign or advertisement
			 must include the service pressure (expressed in megapascals) at which the
			 dispenser(s) delivers hydrogen fuel (e.g., H35 orH70).
(Added 2010)
Section 3. General
3.1. Presentation of Price. - Whenever an
			 advertised, posted, or labeled price per unit of weight, measure, or count for
			 any commodity includes a fraction of a cent, all elements of the fraction shall
			 be prominently displayed, and the numerals expressing the fraction shall be
			 immediately adjacent to, of the same general design and style as, and at least
			 one half the height and width of, the numerals representing the whole cent.
(Added 1976)
3.2. Allowable Differences: Combination
			 Quantity Declarations. - Whenever the method of sale for a bulk or packaged
			 commodity requires the use of a statement that includes count in addition to
			 weight, measure, or size, the following shall apply to the particular
			 commodity:
3.2.1. Beverageware: Pressed and
			 Blown Tumblers and Stemware. - The allowable difference between actual and
			 declared capacity shall be:
(a) SI Units:
(1) plus or minus 10 mL for items of 200 mL
			 capacity or less; and
(2) plus or
			 minus 5 % of the stated capacity for items over 200 mL capacity. (Added 1973)
			 (Amended 1974, 1979, and 1980)
(b) Inch-pound Units:
(1) plus or minus
Va
fl oz
			 for items of 5 fl oz capacity or less; and
(2) plus or minus 5 % of the stated capacity
			 for items over 5 fl oz capacity.
3.3. Labeling of Machines that Dispense
			 Packaged Commodities. - All vending machines dispensing packaged commodities
			 shall indicate:
(a) product
			 identity;
(b) net quantity;
			 and
(c) the party responsible for
			 the vending machine.
Examples:
"For service or refunds contact: the XYZ Cola Company,
				Rockville, MD 20800;
Telephone: (301) 555-1000," or "See attendant inside for
				refunds."
(Amended 1995)
(d) the requirements for product identity and
			 net quantity can be met either by display of the package or by information
			 posted on the outside of the machine.
(Added 1972)
3.4. Railroad Car Tare Weights. - Whenever
			 stenciled tare weights on freight cars are employed in the sale of commodities
			 or the assessment of freight charges, the following conditions and requirements
			 shall apply:
3.4.1. Newly Stenciled Tare
			 Weights. - All newly stenciled or re-stenciled tare weights shall be accurately
			 represented to the nearest 50 kg for metric units and to the nearest 100 lb for
			 inch-pound units, and the representation shall include the date of weighing.
(Amended 1979)
3.4.2. Allowable Difference. - The allowable
			 difference between actual tare weight and stenciled tare weight on freight cars
			 in use shall be per Section 3.4.2.(a) SI allowable difference or Section
			 3.4.2.(b) Inch-pound allowable difference.
(a)
			 SI allowable difference:
(1) plus or minus 150
			 kg for cars 25 000 kg or less;
(2)
			 plus or minus 200 kg for cars over 25 000 kg to and including 30 000 kg;
			 and
(3) plus or minus 250 kg for
			 cars over 30 000 kg. (Added 1979)
(b) Inch-pound allowable difference:
(1) plus or minus 300 lb for cars 50 000 lb
			 or less;
(2) plus or minus 400 lb
			 for cars over 50 000 lb to and including 60 000 lb; and
(3) plus or minus 500 lb for cars over 60 000
			 lb.
3.4.3.
			 Verification or Change of Tare Weights. - Tare weight determinations for
			 verification or change of stenciled weights shall only be made on properly
			 prepared and adequately cleaned freight cars.
3.4.4. Special Cars. - Tank cars, covered
			 hopper cars, flat cars equipped with multi-deck racks or special
			 superstructure, mechanical refrigerator cars, and house type cars equipped with
			 special lading protective devices must be reweighed and re-stenciled only by
			 owners or their authorized representatives:
(a) when car bears no lightweight (empty
			 weight) stenciling; and
(b) when
			 repairs or alterations result in a change of weight in excess of the
			 permissible lightweight tolerance.
(Added 1974) (Renumbered 1985)
(Added 1973) (Amended 1974, 1979, and 1985)
Section 4.
			 Revocation of Conflicting Regulations
All provisions of all orders and regulations heretofore issued
				on this same subject that are contrary to or inconsistent with the provisions
				of this regulation are hereby revoked.
(Added 1971)
Section
			 5. Effective Date
This regulation shall become effective on
April 1,
				2013
.
C. Uniform Unit Pricing Regulation as adopted
			 by
The National Conference on Weights and Measures*
1. Background
The Uniform Unit Pricing Regulation (UPR) (renamed in 1983)
				provides a national approach to the subject for those jurisdictions choosing to
				adopt such a regulation. The traditional approach of the Conference in drafting
				Uniform Regulations has been to design specific implementing Regulations for
				the enforcement of the broader requirements of the Uniform Weights and Measures
				Law. Given the authority of Sections 12.(c) and (d), and the mandate of Section
				16. of this Law, as well as the trend in unit pricing, both voluntary and
				mandatory, the UPR is considered appropriate. Unit pricing has been a concern
				of the weights and measures official and has been required for random weight
				packages for a long time.
In 1993, the NCWM was contacted by several weights and measures
				jurisdictions and retail trade associations who requested that the UPR be
				updated to add new commodity groups and pricing requirements. The comments
				indicated that many commodity groups for non-food products were not included in
				the table and that some of the required units may not be appropriate for many
				of the new products being sold in stores. Another concern was that the UPR
				specified pricing only on the basis of price per pound on most products sold by
				weight. This has resulted in some jurisdictions not enforcing the requirements
				on stores that voluntarily unit price on the basis of price per ounce instead
				of price per pound. The NCWM agreed that the UPR should be revised to encourage
				wider adoption and use of the uniform regulation and that provisions for unit
				pricing in metric units should be included.
At the 1997 Annual Meeting, the NCWM adopted revisions to the
				regulation to permit retail stores that voluntarily provide unit pricing to
				present prices using various units of measure.
The NCWM eliminated the table of product groupings because it
				is difficult to keep it current and inclusive, so some newer products were not
				included under the uniform requirements. The table was replaced with
				requirements that specify that the unit price is to be based on price per ounce
				or pound, or price per 100 grams or kilogram, if the packaged commodity is
				labeled by weight. For example, the proposed revisions would require the unit
				price for soft drinks sold in various package sizes (e.g., 12 fl oz cans
				through 2 L bottles) to be uniformly and consistently displayed in terms of
				either price per fluid ounce, price per quart, or price per liter. The NCWM
				also increased the price of commodities exempted from unit pricing from 10
				cents to 50 cents. The NCWM believed these revisions would ensure that unit
				pricing information facilitates value comparison between different package
				sizes and/or brands offered for sale in a store.
The NCWM also considered several comments on this item from
				members of the U.S. Metric Association (USMA). Most of these comments suggested
				that the UPR be amended to require unit pricing in metric units and permit
				inch-pound unit pricing to be provided voluntarily. When it developed the
				proposed revisions, the NCWM included guidelines for both inch-pound and metric
				unit pricing and believes this is the correct approach to implementing metric
				revisions in the regulation. The NCWM would like to make it clear that the UPR
				applies only when stores voluntarily provide unit pricing information. Its
				purpose is to provide a standard that retailers must follow to ensure that
				consumers will have pricing information that helps them make value comparisons.
				The decision to provide unit price information in metric or inch-pound units
				rests with retailers who will respond to consumer preference. The NCWM believes
				that consumer preference will be the deciding factor as to when and how quickly
				metric unit pricing is used in the marketplace. Therefore, the NCWM does not
				support amendments to include mandatory provisions in the UPR as these
				provisions would take the decision to go to metric unit pricing out of the
				hands of consumers and retailers. Finally, the NCWM does not want to include
				any requirement that may discourage retailers from voluntarily providing unit
				price information.
(Amended 1997)
*The National Conference on Weights and Measures (NCWM)
				is supported by the National Institute of Standards and Technology (NIST) in
				partial implementation of its statutory responsibility for "cooperation with
				the states in securing uniformity in weights and measures laws and methods of
				inspection. "
2.
			 Status of Promulgation
The table beginning on page 10 shows the status of adoption of
				the Uniform Unit Pricing Regulation.
Uniform Unit Pricing Regulation
Section 1. Application
Except for random and uniform weight packages that clearly
				state the unit price in accordance with existing regulations, any retail
				establishment providing unit price information for packaged commodities shall
				provide the unit price information in the manner prescribed herein.
Section 2. Terms for Unit Pricing
The declaration of the unit price of a particular commodity in
				all package sizes offered for sale in a retail establishment shall be uniformly
				and consistently expressed in terms of:
(a) Price per kilogram or 100 g, or price per
			 pound or ounce, if the net quantity of contents of the commodity is in terms of
			 weight.
(b) Price per liter or 100
			 mL, or price per dry quart or dry pint, if the net quantity of contents of the
			 commodity is in terms of dry measure or volume.
(c) Price per liter or 100 mL, or price per
			 gallon, quart, pint, or fluid ounce, if the net quantity of contents of the
			 commodity is in terms of liquid volume.
(d) Price per individual unit or multiple
			 units if the net quantity of contents of the commodity is in terms of
			 count.
(e) Price per square meter,
			 square decimeter, or square centimeter, or price per square yard, square foot,
			 or square inch, if the net quantity of contents of the commodity is in terms of
			 area.
Section 3.
			 Exemptions
(a) Small Packages. - Commodities
			 shall be exempt from these provisions when packaged in quantities of less than
			 28 g (1 oz) or 29 mL (1 fl oz) or when the total retail price is 50 cents or
			 less.
(b) Single Items. -
			 Commodities shall be exempt from these provisions when only one brand in only
			 one size is offered for sale in a particular retail establishment.
(c) Infant Formula. - For "infant formula,"
			 unit price information may be based on the reconstituted volume. "Infant
			 formula" means a food that is represented for special dietary use solely as a
			 food for infants by reason of its simulation of human milk or suitability as a
			 complete or partial substitute for human milk.
(d) Variety and Combination Packages. -
			 Variety and Combination Packages as defined in Section 2.9 and Section 2.10 in
			 the Uniform Packaging and Labeling Regulation
[NOTE1-
Pase
											139] shall be exempt from these
			 provisions.
NOTE 1: See "Uniform Packaging and Labeling
				Regulation."
Section
			 4. Pricing
(a) The unit price
			 shall be to the nearest cent when a dollar or more.
(b) If the unit price is under a dollar, it
			 shall be listed:
(1) to the tenth of a cent;
			 or
(2) to the whole cent.
The retail establishment shall have the option of using (b)(1)
				or (b)(2), but shall not implement both methods.
The retail establishment shall accurately and consistently use
				the same method of rounding up or down to compute the price to the whole
				cent.
Section
			 5. Pre sentati on of Price
(a) In
			 any retail establishment in which the unit price information is provided in
			 accordance with the provisions of this regulation, that information may be
			 displayed by means of a sign that offers the unit price for one or more brands
			 and/or sizes of a given commodity, by means of a sticker, stamp, sign, label,
			 or tag affixed to the shelf upon which the commodity is displayed, or by means
			 of a sticker, stamp, sign, label, or tag affixed to the consumer
			 commodity.
(b) Where a sign
			 providing unit price information for one or more sizes or brands of a given
			 commodity is used, that sign shall be displayed clearly and in a non-deceptive
			 manner in a central location as close as practical to all items to which the
			 sign refers.
(c) If a single sign
			 or tag includes the unit price information for more than one brand or size of a
			 given commodity, the following information shall be provided:
(1) the identity and the brand name of the
			 commodity;
(2) the quantity of the
			 packaged commodity, if more than one package size per brand is
			 displayed;
(3) the total retail
			 sales price; and
(4) the price per
			 appropriate unit, in accordance with Section 2. Terms for Unit Pricing.
Section 6.
			 Uniformity
(a) If different brands or package
			 sizes of the same consumer commodity are expressed in more than one unit of
			 measure (e.g., soft drinks are offered for sale in 2 L bottles and 12 fl oz
			 cans), the retail establishment shall unit price the items
			 consistently.
(b) When metric units
			 appear on the consumer commodity in addition to other units of measure, the
			 retail establishment may include both units of measure on any stamps, tags,
			 labels, signs, or lists.
Section
			 7. Effective Date
This regulation shall become effective on April 1, 2013.
D. Uniform Regulation
			 for the Voluntary Registration of Servicepersons and Service Agencies for
			 Commercial Weighing and Measuring Devices as adopted by The National Conference
			 on Weights and Measures*
1. Background
The Uniform Regulation covering the registration of
				servicepersons and service agencies was developed and adopted by the National
				Conference on Weights and Measures (NCWM) in 1966, retitled in 1983, and
				substantially revised in 1984. It is designed to promote uniformity among those
				jurisdictions that provide for or are contemplating the establishment of some
				type of control over the servicing of commercial weighing and measuring
				devices. It offers to a serviceperson or to a service agency the opportunity to
				register and carries with it the privilege of restoring devices to service and
				of placing new or used devices in service.
Two unique features of the registration plan are its voluntary
				nature and the provision for reciprocity. Registration is not required;
				however, the privileges gained make it attractive. Also, in order to provide
				maximum effectiveness of the program and to reduce legal obstacles to a minimum
				to service across state lines, provision is made for reciprocity in
				certification of standards and testing equipment among states.
2. Status of Promulgation
The table beginning on page 10 shows the status of adoption of
				the Uniform Regulation for the Voluntary Registration of Servicepersons and
				Service Agencies for Commercial Weighing and Measuring Devices.
*The National Conference on Weights and Measures (NCWM)
				is supported by the National Institute of Standards and Technology (NIST) in
				partial implementation of its statutory responsibility for "cooperation with
				the states in securing uniformity in weights and measures laws and methods of
				inspection. "
Uniform Regulation for the Voluntary Registration of
				Servicepersons and Service Agencies for Commercial Weighing and Measuring
				Devices
Section 1. Policy
For the benefit of the users, manufacturers, and distributors
				of commercial weighing and measuring devices, it shall be the policy of the
				Director of Weights and Measures, hereinafter referred to as "Director," to
				accept registration of (a) an individual and (b) an agency providing acceptable
				evidence that he, she, or it is fully qualified by training or experience to
				install, service, repair, or recondition a commercial weighing or measuring
				device; has a thorough working knowledge of all appropriate weights and
				measures laws, orders, rules, and regulations; and has possession of, or has
				available for use, and will use suitable and calibrated weights and measures
				field standards and testing equipment appropriate in design and adequate in
				amount. (An employee of the government shall not be eligible for
				registration.)
The Director will check the qualifications of each applicant.
				It will be necessary for an applicant to have available sufficient field
				standards and equipment (see Section 5, Minimum Equipment).
It shall also be the policy of the Department to issue a
				"Certificate of Registration" to qualified applicants whose applications for
				registration are approved. This Certificate grants authority to remove
				rejection seals and tags placed on Commercial and Law Enforcement Weighing and
				Measuring Devices by authorized weights and measures officials, to place in
				service repaired devices that were rejected, and to place in service devices
				that have been newly installed.
The Director is NOT guaranteeing the work or fair dealing of a
				Registered Serviceperson or Service Agency. He will, however, remove from the
				registration list any Registered Serviceperson or Service Agency that performs
				unsatisfactory work or takes unfair advantage of a device owner.
Registration with the Director shall be on a voluntary basis.
				The Director shall reserve the right to limit or reject the application of any
				Serviceperson or Service Agency and to revoke his, her, or its permit to remove
				rejection seals or tags for good cause.
This policy shall in no way preclude or limit the right and
				privilege of any individual or agency not registered with the Director to
				install, service, repair, or recondition a commercial weighing or measuring
				device (see Section 7, Privileges and Responsibilities of a Voluntary
				Registrant).
(Added 1966) (Amended 1984 and 2005) Section 2.
				Definitions
2.1. Registered
			 Serviceperson. - Any individual who for hire, award, commission, or any other
			 payment of any kind, installs, services, repairs, or reconditions a commercial
			 weighing or measuring device, and who voluntarily registers with the Director
			 of Weights and Measures.
(Added 1966)
2.2. Registered Service Agency. - Any agency,
			 firm, company, or corporation that for hire, award, commission, or any other
			 payment of any kind installs, services, repairs, or reconditions a commercial
			 weighing or measuring device, and that voluntarily registers with the Director
			 of Weights and Measures. Under agency registration, identification of
			 individual servicepersons shall be required.
(Added 1966) (Amended 1984)
2.3. Commercial and Law Enforcement Weighing
			 and Measuring Devices. - Any weight or measure or weighing or measuring device
			 commercially used or employed in establishing the size, quantity, extent, area,
			 or measurement of quantities, things, produce, or articles for distribution or
			 consumption, purchased, offered, or submitted for sale, hire, or award, or in
			 computing any basic charge or payment for services rendered on the basis of
			 weight or measure. It shall also include any accessory attached to or used in
			 connection with a commercial weighing or measuring device when such accessory
			 is so designed or installed that its operation affects the accuracy of the
			 device. It also includes weighing and measuring equipment in official use for
			 the enforcement of law or for the collection of statistical information by
			 government agencies.
(Added 1966) (Amended 1984)
Section 3. Registration Fee
There shall be charged by the Director an annual fee of $Zero
				per Registered Serviceperson and $
Zero
per Registered
				Service Agency to cover costs at the time application for registration is made,
				and annually, thereafter.
(Added 1966) (Amended 1984) Section 4. Voluntary
				Registration
An individual or agency qualified by training or experience may
				apply for registration to service weighing devices or measuring devices on an
				application form supplied by the Director. Said form, duly signed and
				witnessed, shall include certification by the applicant that the individual or
				agency is fully qualified to install, service, repair, or recondition whatever
				devices for the service of which competence is being registered; has in
				possession or available for use, and will use, all necessary testing equipment
				and standards; and has full knowledge of all appropriate weights and measures
				laws, orders, rules, and regulations. An applicant also shall submit
				appropriate evidence or references as to qualifications. Application for
				registration shall be voluntary, but the Director is authorized to reject or
				limit any application.
(Added 1966) (Amended 1984) Section 5. Minimum Equipment
Applicants must have available sufficient standards and
				equipment to adequately test devices as set forth in the Notes section of each
				applicable code in NIST Handbook 44, "Specifications, Tolerances, and Other
				Technical Requirements for Weighing and Measuring Devices." This equipment will
				meet the specifications of NIST 105 series standards (or other suitable and
				designated standards). This section shall not preclude the use of additional
				field standards and/or equipment, as approved by the Director, for uniform
				evaluation of device performance (see Section 9, Examination and Calibration or
				Certification of Standards and Testing Equipment).
(Added 1984) (Amended 2005)
Section 6. Certificate of Registration
The Director will review and check the qualifications of each
				applicant. The Director shall issue to the applicant a "Certificate of
				Registration," including an assigned registration number if it is determined
				that the applicant is qualified. The "Certificate of Registration" will expire
				1 year from the date of issuance.
(Added 1966) (Amended 1984)
Section 7. Privileges and Responsibilities of
			 a Voluntary Registrant
A bearer of a Certificate of Registration shall have the
				authority to remove an official rejection tag or mark placed on a weighing or
				measuring device by the authority of the Director; place in service, until such
				time as an official examination can be made, a weighing or measuring device
				that has been officially rejected; and place in service, until such time as an
				official examination can be made, a new or used weighing or measuring device.
				The registered serviceperson or service agency is responsible for installing,
				repairing, and adjusting devices such that the devices are adjusted as closely
				as practicable to zero error.
(Added 1966) (Amended 1984)
Section 8. Placed in Service Report
The Director shall furnish each registered serviceperson and
				registered service agency with a supply of report forms to be known as "Placed
				in Service Reports." Such a form shall be executed in triplicate, shall include
				the assigned registration number, and shall be signed by a registered
				serviceperson or by a serviceperson representing a registered agency for each
				rejected device restored to service and for each newly installed device placed
				in service. Within 24 hours after a device is restored to service or placed in
				service, the original of the properly executed Placed in Service Report,
				together with any official rejection tag removed from the device, shall be
				forwarded to the Director at 4608 W. 61st Little
				Rock, Arkansas. The duplicate copy of the report shall be handed to the owner
				or operator of the device, and the triplicate copy of the report shall be
				retained by the Registered Serviceperson or Registered Service Agency.
(Added 1966) (Amended 2005)
Section 9. Examination and Calibration or
			 Certification of Standards and Testing Equipment
All field standards that are used for servicing and testing
				weights and measures devices for which competence is registered shall be
				submitted to the Director for initial and subsequent verification and
				calibration at intervals determined by the Director. A registered serviceperson
				or registered service agency shall not use in servicing commercial weighing or
				measuring devices any field standards or testing equipment that have not been
				calibrated or verified by the Director. In lieu of submission of physical
				standards, the Director may accept calibration and/or verification reports from
				any laboratory that recognized as equipment that is suitable for use by
				Registered Servicepersons or Registered Service Agencies in this State.
(Added 1966) (Amended 1984, 1999, and 2005)
Section 10. Revocation of Certificate of
			 Registration
The Director is authorized to suspend or revoke a Certificate
				of Registration for good cause which shall include, but not be limited to:
				taking of unfair advantage of an owner of a device; failure to have test
				equipment or standards certified; failure to use adequate testing equipment; or
				failure to adjust commercial or law enforcement devices to comply with Handbook
				44 subsequent to service or repair.
(Added 1966) (Amended 1984)
Section 11. Publication of Lists of
			 Registered Servicepersons and Registered Service Agencies
The Director shall publish, from time to time as he deems
				appropriate, and may supply upon request, lists of Registered Servicepersons
				and Registered Service Agencies.
(Added 1966)
Section
			 12. Effective Date
This regulation shall become effective on April 1, 2013. (Added
				1966)
E. Uniform
			 Open Dating Regulation as adopted by
The National Conference on Weights and Measures*
1. Background
Numerous state and local jurisdictions have provided for, or
				are considering, mandatory open dating of certain packaged commodities.
				Additionally, many commodities in the marketplace are now voluntarily open
				dated. Lack of uniformity between jurisdictions could impede the orderly flow
				of commerce.
In 1985, the National Conference on Weights and Measures
				(NCWM), in concert with the Association of Food and Drug Officials, wrote a new
				Uniform Regulation. It resolved the differences in the versions developed
				independently by the two organizations.
The regulation provides two options for implementation by the
				states. One requires open dating on all perishable foods and the other permits
				voluntary open dating of such foods. In the latter (voluntary) case, the open
				dating must then conform to the uniform regulation. Notes to Sections 1.1.
				Purpose and 3.1. "Sell By" Date indicate the alternate wording for the
				voluntary version of the Regulation.
2. Status of Promulgation
The table beginning on page 10 shows the status of adoption of
				the Uniform Open Dating Regulation.
*The National Conference on Weights and Measures (NCWM)
				is supported by the National Institute of Standards and Technology (NIST) in
				partial implementation of its statutory responsibility for "cooperation with
				the states in securing uniformity in weights and measures laws and methods of
				inspection. "
Uniform Open Dating
				Regulation
[NOTE1
-piisel53]
Section 1. Purpose, Scope, and Application
1.1. Purpose.
[NOTE1-
Pase153] _ xhe
			 purpose of this regulation is to prescribe mandatory uniform date labeling of
			 prepackaged, perishable foods and to prescribe optional uniform date labeling
			 that must be used whenever a packager elects to use date labeling on
			 prepackaged foods that are not perishable. Open dating is intended for use and
			 understanding by both distributors and consumers when judging food qualities.
NOTE 1:
Alternatively, this regulation may be
				adopted to require uniformity of open dating of perishable foods whenever a
				packager voluntarily elects to use date labeling. In such instances Sections
				1.1. Purpose and 3.1. "Sell By" Date are reworded in the following
				manner:
1.1. Purpose. - The purpose of
			 this regulation is to prescribe uniform date labeling that must be used
			 whenever a packager elects to use date labeling on a prepackaged food. Open
			 date labeling is intended for use and understanding by both distributors and
			 consumers when judging food qualities.
3.1. "Sell By" Date. - If a retail food
			 establishment elects to sell or offer for sale a prepackaged perishable food
			 identified with a "sell by" date, the "sell by" date used must be as prescribed
			 by this regulation
1.2.
			 Scope and Application. - This regulation prescribes the manner of date
			 labeling, the method of determining the appropriate date, required records,
			 responsible persons, and the foods subject to this regulation. This regulation
			 provides for the permissible sale of a regulated food after the expiration of
			 the date on the label. This regulation does not apply to any food that is not
			 prepackaged or is exempted by Section 8.
Section 2. Definitions
2.1. "Sell By" Date. - A recommended last
			 date of sale that permits a subsequent period before deterioration of qualities
			 described in 2.2. Perishable Food, 2.3. Semi Perishable Food, and 2.4. Long
			 Shelf Life Food.
2.2. Perishable
			 Food. - Any food having a significant risk of spoilage, loss of value, or loss
			 of palatability within 60 days of the date of packaging.
2.3. Semi Perishable Food. - Any food for
			 which a significant risk of spoilage, loss of value, or loss of palatability
			 occurs only after a minimum of 60 days, but within 6 months, after the date of
			 packaging.
2.4. Long Shelf Life
			 Food. - Any food for which a significant risk of spoilage, loss of value, or
			 loss of palatability does not occur sooner than 6 months after the date of
			 packaging, including foods preserved by freezing, dehydrating, or being placed
			 in a hermetically sealed container.
2.5. Prepackaged. - Food packaged prior to
			 being displayed or offered for retail sale.
2.6. "Best If Used By" Date. - A date prior
			 to deterioration of qualities described in 2.3. Semi Perishable Food and 2.4.
			 Long Shelf Life Food.
2.7. Person.
			 - An individual, partnership, association, or corporation.
Section 3. Sale of Perishable Food
			 and Date Determination
3.1. "Sell By" Date.
[NOTE1-
pagel53] - A retail food establishment
			 shall not sell or offer for sale a prepackaged perishable food unless it is
			 identified with a "sell by" date as prescribed by this regulation.
3.2. Sale After Expiration of "Sell By" Date.
3.2.1. Advertisement. - Perishable food shall
			 not be offered for sale after the "sell by" date unless it is wholesome and
			 advertised in a conspicuous manner as being offered for sale after the
			 recommended last date of sale. The placement of a sign, sticker, or tag is
			 acceptable for such advertising if it is easily readable and clearly identifies
			 the perishable food as having passed the recommended last date of
			 sale.
3.2.2. Responsibility for
			 Advertisement. - The retailer or final seller is responsible for the
			 advertisement, described in Section 3.2.1. Advertisement, of a perishable food
			 offered for sale after the recommended last date of sale.
3.3. Determination of "Sell By" Date.
3.3.1. Reasonable Period for Consumption. - A
			 manufacturer, processor, packer, re-packer, retailer, or other person who
			 prepackages perishable food, shall determine a date that allows a reasonable
			 period after sale for consumption of the food without physical spoilage, loss
			 of value, or loss of palatability. A reasonable period for consumption shall
			 consist of at least one third of the approximate total shelf life of the
			 perishable food.
3.3.2.
			 Responsibility for "Sell By" Date. - A retailer who purchases prepackaged
			 perishable food may upon written agreement with the person prepackaging such
			 food determine, identify, and be responsible for the "sell by" date placed on
			 or attached to each package of such food.
3.4. Manner of Expressing Date.
3.4.1. Month and Day, or Day of Week. - A
			 person described in Section 3.3.1. Reasonable Period for Consumption or 3.3.2.
			 Responsibility for "Sell By" Date shall place or attach to each package of
			 perishable food a date by month and day. However, bakery products with a shelf
			 life of not more than 7 days may be dated with the day of the week representing
			 the last recommended day of sale.
3.4.2. The term "Sell By". - The "sell by"
			 date shall be displayed with the term "sell by" or words of similar import
			 immediately preceding or immediately over the designated date unless a
			 prominent notice is on the label describing the date as a "sell by" date and
			 indicating the location of the date.
3.4.3. Abbreviation of Weekday. - If the day
			 of the week is solely designated as provided in Section 3.4.1. Month and Day,
			 or Day of Week the name of the day may be abbreviated by the use of either the
			 first two or first three letters of the name of the day.
3.4.4. Expression of Month and Day. - Except
			 as provided for in Section 3.4.1. Month and Day, or Day of Week the date shall
			 be designated by:
(a) the first three letters
			 of the month, preceded or followed by a numeral indicating the calendar day;
			 or
(b) the month represented
			 numerically followed by a numeral designation of the calendar day.
The month and day designation shall be separated by a period,
				slash, dash, or spacing. When a numeral designation of the first nine days of
				the month is used, the number shall include a zero as the first digit; for
				example, 01 or 03.
(Amended 1987)
3.4.5. Expression of the Year. - The "sell
			 by" date may include the year following the day if such year is expressed as a
			 two or four digit number separated as described in Section 3.4.4. Expression of
			 Month and Day.
Section
			 4. Sale of Semi Perishable and Long Shelf Life Food
4.1. "Best If Used By" Date. - A
			 manufacturer, processor, packer, re-packer, or other person who prepackages
			 semi perishable or long shelf life food may place upon or attach to the package
			 an open date providing it is designated by the "best if used by"
			 date.
4.2. Sale After Expiration of
			 "Best If Used By" Date. - A retail food establishment may sell or offer for
			 sale food beyond the designated "best if used by" date provided the food is
			 wholesome and the sensory physical quality standards for that food have not
			 significantly diminished.
4.3.
			 Manner of Expressing Date. -The "best if used by" date as required by
			 Section4.1. "Best If Used By" Date shall be placed upon or attached to each
			 container or package and be limited to the terms "best if used by" or words of
			 similar import followed by or immediately over the date designated by the month
			 and year unless a prominent notice is on the label describing the date as a
			 "best if used by" date and indicating the location of the date. The date shall
			 be designated by the first three letters of the month followed by a numeral
			 indicating the year. The use of the day of the month is permissible provided
			 that the day of the month is placed prior to the month; for example,
			 30Jun81.
Section 5.
			 Placement of the Date
The date, whether "sell by" or "best if used by," shall be
				printed, stamped, embossed, perforated, or otherwise shown on the package,
				label on the package, or tag attached to the package in a manner that is easily
				readable and separate from other information, graphics, or lettering so as to
				be clearly visible to a prospective purchaser. The date shall not be
				superimposed on other required information or obscured by other information,
				graphics, or pricing. Regardless of the type size used, the date shall be
				easily readable. These requirements do not preclude a supplemental notice
				elsewhere on a package describing and/or indicating the location of the
				date.
Section 6. Factors
			 for the Date Determination
A person who, as provided for in this regulation, places either
				the "sell by" date or "best if used by" date on a package shall determine the
				date by taking into consideration the food quality, characteristics,
				formulation, processing impact, packaging or container and other protective
				wrapping or coating, customary transportation, and storage and display
				conditions. For purposes of calculating this date, home storage conditions
				shall be considered to be similar to those in the usual retail store except
				that the date for refrigerated food may be calculated by using a home storage
				temperature standard of 40 °F (4.4 °C).
Section 7. Records
A person who is responsible for establishing the date for
				perishable, semi perishable, and long shelf life food shall keep a record of
				the method used to determine the date. A record revision is necessary whenever
				a factor affecting date determination is altered. Such record shall be retained
				for not less than six months after the most recent "sell by" or "best if used
				by" date and shall be available during normal business hours for examination
				upon request by Arkansas State Plant Board.
Section 8. Exemptions
8.1. This regulation does not apply to
			 perishable fruits or vegetables in a container permitting sensory
			 examination.
8.2. This regulation
			 does not apply to prepackaged perishable foods open dated according to
			 requirements of federal law or regulation.
Section 9. Preemption of Local, County, and
			 Municipal Ordinance
A municipality or county shall not adopt or impose standards or
				requirements other than those provided for in this regulation.
Section 10. Effective Date
This regulation shall become effective on and after April 1,
				2013.
F. Uniform
			 Regulation for National Type Evaluation as adopted by The National Conference
			 on Weights and Measures*
1. Background
The Uniform Regulation for National Type Evaluation was adopted
				by the NCWM at the 68thAnnual Meeting in 1983 and is
				a necessary adjunct to recognize and enable participation in the National Type
				Evaluation Program administered by the National Conference on Weights and
				Measures (NCWM). The Regulation specifically authorizes: type evaluation;
				recognition of a NCWM "Certificate of Conformance" of type; the State
				Measurement Laboratory to operate as a Participating Laboratory, if authorized
				by the National Institute of Standards and Technology (NIST) under its program
				of recognition of State Measurement Laboratories; and, the state to charge fees
				to those persons who seek type evaluation of weighing and measuring
				devices.
(Amended 2000)
At the 81st Annual Meeting in 1996,
				the NCWM adopted major revisions to the Uniform Regulation for National Type
				Evaluation. These revisions were made to clarify the requirements and
				incorporate the policies and guidelines adopted by the Executive Committee as
				published in NCWM Publication 14, "Technical Policy, Checklists, and Test
				Procedures."
(Amended 1997)
2. Intent
It is the intent of this regulation to have all states use the
				National Type Evaluation, as approved by the NCWM, as their examining
				procedure. If a state does not wish to establish a Participating Laboratory,
				Section 2.4. Participating Laboratory and Section 4. Participating Laboratory
				may be deleted.
3. Status
			 of Promulgation
The table beginning on page 10 shows the status of adoption of
				the Uniform Regulation for National Type Evaluation.
*The National Conference on Weights and Measures is
				supported by the National Institute of Standards and Technology in partial
				implementation of its statutory responsibility for "cooperation with the States
				in securing uniformity in weights and measures laws and methods of inspection.
				"
Uniform Regulation for National Type Evaluation
Section 1. Application
This regulation shall apply to 
				[NOTE 1, page 161] any type of device
				and/or equipment covered in National Institute of Standards and Technology
				(NIST) Handbook 44 for which evaluation procedures have been published in the
				National Conference on Weights and Measures (NCWM), Publication 14, "National
				Type Evaluation Program, Technical Policy, Checklists, and Test
				Procedures."
NOTE l:This section can be amended to include a list of
				devices or device types to which NTEP evaluation criteria does not apply.
				Additionally, a state can amend this section to allow it to conduct a type
				evaluation and issue a "Certificate of Approval." This approach should be
				limited to occasions where formal NTEP Type Evaluation criteria does not apply
				and to new technologies or device applications where the development of
				criteria is deemed necessary by the Director.
Section 2. Definitions
2.1. Active Certificate of Conformance (CC).
			 - A document issued based on testing by a Participating Laboratory, which the
			 certificate holder maintains in active status under the National Type
			 Evaluation Program (NTEP). The document constitutes evidence of conformance of
			 a type with the requirements of this document, NIST Handbook 44,
			 "Specifications, Tolerances, and Other Technical Requirements for Weighing and
			 Measuring Devices," and the test procedures contained in NCWM Publication 14.
			 By maintaining the Certificate in active status, the Certificate holder
			 declares the intent to continue to manufacture or remanufacture the device
			 consistent with the type and in conformance with the applicable requirements. A
			 device is traceable to an active CC if:
(a)
			 it is of the same type identified on the Certificate, and (b) it was
			 manufactured during the period that the Certificate was maintained in active
			 status. For manufacturers of grain moisture meters, maintenance of active
			 status also involves annual participation in the NTEP Laboratory On-going
			 Calibration Program, OCP (Phase II).
(Amended 2000, 2001, and 2004)
2.2. Device. - A piece of commercial or law
			 enforcement equipment as defined in Section 2.15.Commercial and Law Enforcement
			 Equipment. A device may be a single unit or a combination of separate and
			 compatible main elements. A device shall include, at a minimum, those main
			 elements that:
(a) perform the measurement,
			 and
(b) process the measurement
			 signals up to the first indicated or recorded value of the final quantity upon
			 which the transaction is based.
(Amended 2004)
2.3. Director. - Means the Director of the
			 Arkansas State Plant Board.
2.4.
			 Manufactured Device. - Any commercial weighing or measuring device shipped as
			 new from the original equipment manufacturer.
(Added 2001)
2.5. National Type Evaluation Program. - A
			 program of cooperation between the NCWM, NIST, other federal agencies, the
			 states, and the private sector for determining, on a uniform basis, conformance
			 of a type with the relevant provisions of National Institute of Standards and
			 Technology Handbook 44, "Specifications, Tolerances, and Other Technical
			 Requirements for Weighing and Measuring Devices," and NCWM, Publication 14,
			 "National Type Evaluation Program, Technical Policy, Checklists, and Test
			 Procedures.".
(Amended 2000)
2.6. One-of-a-Kind Device. - A (non-NTEP)
			 device designed to meet unique demands for a specific installation and of a
			 specific design which is not commercially available elsewhere (one such device
			 per manufacturer). If a device manufactured for sale by a company has been
			 categorized and tested as a "one-of-a-kind" device and the manufacturer then
			 decides to manufacture an additional device or devices of that same type, the
			 device will no longer be considered a "one-of-a-kind." This also applies to a
			 device that has been determined to be a "one-of-a-kind" device by a weights and
			 measures jurisdiction in one state and the manufacturer decides to manufacture
			 and install another device of that same type in another state. In this case,
			 the manufacturer of the device must request an NTEP evaluation on the device
			 through the normal application process unless NTEP has already deemed that such
			 evaluation will not be conducted.
(Amended 1998)
2.7. Participating Laboratory. - Any State
			 Measurement Laboratory or State Weights and Measures Agency or other laboratory
			 that has been authorized to conduct a type evaluation under the NTEP. (Amended
			 2001)
2.8. Person. - The term
			 "person" means both singular and plural, as the case demands, and includes
			 individuals, partnerships, corporations, companies, societies, and
			 associations.
2.9. Remanufactured
			 Device. - A device that is disassembled, checked for wear, parts replaced or
			 fixed, reassembled, and made to operate like a new device of the same type.
(Amended 2001)
2.10. Remanufactured Element. - An element
			 that is disassembled, checked for wear, parts replaced or fixed, reassembled,
			 and made to operate like a new element of the same type.
(Added 2001)
2.11. Repaired Device. - A device on which
			 work is performed that brings the device back into proper operating condition.
(Amended 2001)
2.12. Repaired Element. - An element on which
			 work is performed that brings the element back into proper operating condition.
(Added 2001)
2.13. Type. - A model or models of a
			 particular device, measurement system, instrument, or element that positively
			 identifies the design. A specific type may vary in its measurement ranges,
			 size, performance, and operating characteristics as specified in the
			 CC.
2.14. Type Evaluation. - The
			 testing, examination, and/or evaluation of a type by a Participating Laboratory
			 under the NTEP.
2.15. Commercial
			 and Law Enforcement Equipment.
(a) Weighing
			 and measuring equipment commercially used or employed in establishing the size,
			 quantity, extent, area, or measurement of quantities, things, produce, or
			 articles for distribution or consumption, purchased, offered, or submitted for
			 sale, hire, or award, or in computing any basic charge or payment for services
			 rendered on the basis of weight or measure.
(b) Any accessory attached to or used in
			 connection with a commercial weighing or measuring device when such accessory
			 is so designed that its operation affects the accuracy of the device.
(c) Weighing and measuring equipment in
			 official use for the enforcement of law or for the collection of statistical
			 information by government agencies.
[NOTE
2'
page:
												62]
NOTE 2:The section is identical to G-A.l. Commercial
				and Law Enforcement Equipment, Section 1.10.General Code, National Institute of
				Standards and Technology Handbook 44 for definition of "commercial" and "law
				enforcement equipment."
Section 3. Certificate of Conformance (CC)
The Director shall require a device to be traceable to an
				active Certificate of Conformance (CC) prior to its installation or use for
				commercial or law enforcement purposes. If the device consists of separate and
				compatible main elements, each main element shall be traceable to a CC. A
				device is traceable to a CC if:
(a) it
			 is of the same type identified on the Certificate; and
(b) it was manufactured during the period
			 that the Certificate was maintained in active status. (Amended 2001 and
			 2004)
Section 4.
			 Prohibited Acts and Exemptions
(a) Except for
			 a device exempted by this section, no person shall sell a device unless it is
			 traceable to an active CC.
(Amended 2001)
(b) Except for a device exempted by this
			 section, no person shall use a device unless it is traceable to an active CC.
(Amended 2001)
(c) A device in service in this State prior
			 to July 11, 2002 that meets the specifications, tolerances, and other technical
			 requirements of National Institute of Standards and Technology Handbook 44
			 shall not be required to be traceable to an active CC.
(Amended 2001)
(d) A device in service in this State prior
			 to July 11, 2002 removed from service by the owner or on which the department
			 has issued a removal order after July 11, 2002 and returned to service at a
			 later date shall be modified to meet all specifications, tolerances, and other
			 technical requirements of National Institute of Standards and Technology
			 Handbook 44 effective on the date of the return to service. Such a device shall
			 not be required to be traceable to an active CC.
(Amended 2001)
(e) A device in service in this State prior
			 to July 11, 2002 which is repaired after such date shall meet the
			 specifications, tolerances, and other technical requirements of National
			 Institute of Standards and Technology Handbook 44 and shall not be required to
			 be traceable to an active CC.
(Amended 2001)
(f) A device in service in this State prior
			 to July 11, 2002 that is still in use may be installed at another location in
			 this state provided the device meets requirements in effect as of the date of
			 installation in the new location; however, the device shall not be required to
			 be traceable to an active CC.
(Amended 2001)
(g) A device in service in another State
			 prior to July 11, 2002 may be installed in this State; however, the device
			 shall meet the specifications, tolerances, and technical requirements for
			 weighing and measuring devices in National Institute of Standards and
			 Technology Handbook 44 and be traceable to an active CC.
(Amended 2001)
(h) One-of-a-kind Device.- The Director may
			 accept the design of a one-of-a-kind device without an NTEP evaluation pending
			 inspection and performance testing to satisfy that the device complies with
			 Handbook 44 and is capable of performing within the Handbook 44 requirements
			 for a reasonable period of time under normal conditions of use. Indicators and
			 load cells in all "one-of-a-kind" scale installations must have an active NTEP
			 CC as evidence that the system meets the influence factor requirements of
			 Handbook 44.
(Amended 1998 and 2001)
(i) Repaired Device.- If a person makes
			 changes to a device to the extent that the metrological characteristics are
			 changed, that specific device is no longer traceable to the active CC.
(Amended 2001)
(j) Remanufactured Device.- If a person
			 repairs or remanufactures a device, they are obligated to repair or
			 remanufacture it consistent with the manufacturer's original design; otherwise,
			 that specific device is no longer traceable to an active CC.
(Amended 2001)
(k) Copy of a Device.- The manufacturer who
			 copies the design of a device that is traceable to an active CC, but which is
			 made by another company, must obtain a separate CC for the device. The CC for
			 the original device shall not apply to the copy.
(l) Device Components. - If a person buys a
			 load cell(s) and an indicating element that are traceable to CCs and then
			 manufactures a device from the parts, that person shall obtain an active CC for
			 the device.
(Amended 2001)
Section 5. Participating Laboratory and
			 Agreements The Director is authorized to:
(a)
			 Operate a Participating Laboratory as part of the NTEP. In this regard, the
			 Director is authorized to charge and collect fees for type evaluation
			 services.
(b) Cooperate with and
			 enter into agreements with any person in order to carry out the purposes of the
			 act.
Section 6.
			 Revocation of Conflicting Regulations
All provisions of all orders and regulations before issued on
				this same subject that are contrary to or inconsistent with the provisions of
				this regulation, are hereby revoked.
(Amended 2001)
Section
			 7. Effective Date
This regulation shall become effective on April 1, 2013.
				(Amended 2001)
G.
			 Uniform Engine Fuels and Automotive Lubricants Regulation as adopted by The
			 National Conference on Weights and Measures*
1. Background
In 1984, the National Conference on Weights and Measures (NCWM)
				adopted a Section 2.20. in the Uniform Regulation for the Method of Sale of
				Commodities requiring that motor fuels containing alcohol be labeled to
				disclose to the retail purchaser that the fuel contains alcohol. The delegates
				deemed this action necessary since motor vehicle manufacturers were qualifying
				their warranties with respect to some gasoline-alcohol blends, motor fuel users
				were complaining to weights and measures officials about fuel quality and
				vehicle performance, and ASTM International (ASTM) had not yet finalized
				quality standards for oxygenated (which includes alcohol-containing) fuels.
				While a few officials argued weights and measures officials should not cross
				the line from quantity assurance programs to programs regulating quality, the
				delegates were persuaded that the issue needed immediate attention.
A Motor Fuels Task Force was appointed in 1984 to develop
				mechanisms for achieving uniformity in the evaluation and regulation of motor
				fuels. The Task Force developed the Uniform Motor Fuel Inspection Law (see the
				Uniform Engine Fuels and Automotive Lubricants Inspection Law section of this
				handbook) and the Uniform Engine Fuel and Automotive Lubricants Regulation to
				accompany the law. The Uniform Law required registration and certification of
				motor fuel as meeting ASTM standards. The regulation defined the ASTM standards
				to be applied to motor fuel.
In 1992, the NCWVP established the Petroleum Subcommittee under
				the Laws and Regulations Committee. The subcommittee recommended major
				revisions to the Regulation that was adopted at the
				80th NCWM in 1995. The scope of the regulation was
				expanded to include all engine fuels, petroleum products, and automotive
				lubricants; its title was changed accordingly; and the fuel specifications and
				method of sale sections were revised to address the additional products. Other
				changes included expansion of the definitions section and addition of sections
				on retail storage tanks, condemned product, registration of engine fuels
				designed for special use, and test methods and reproducibility limits.
In 2007, the Petroleum Subcommittee (now referred to as the
				Fuels and Lubricants Subcommittee) undertook a review of this regulation to
				update it by eliminating reference to "petroleum products" and to reflect the
				addition of new engine fuels to the marketplace.
At the 2008 NCWM Interim Meeting, the Laws and Regulations
				Committee changed the Petroleum Subcommittee's name to the Fuels and Lubricants
				Subcommittee (FALS) in recognition of its work with a wide variety of fuels
				including petroleum and biofuels.
2. Status of Promulgation
The Uniform Regulation for Engine Fuels and Automotive
				Lubricants was adopted by the NCWM* in 1995 and the latest amendments were
				adopted in 2008. The status of state actions with respect to this Regulation is
				shown in the table beginning on page 10.
(Amended 2008)
*The National Conference on Weights and Measures (NCWM)
				is supported by the National Institute of Standards and Technology (NIST) in
				partial implementation of its statutory responsibility for "cooperation with
				the states in securing uniformity in weights and measures laws and methods of
				inspection. "
Uniform Engine Fuels and Automotive Lubricants
				Regulation
Section 1.
			 Definitions
1.1. ASTM International, (
www.astm.org
) - The international voluntary
			 consensus standards organization formed for the development of standards on
			 characteristics and performance of materials, products, systems, and services,
			 and the promotion of related knowledge.
1.2. Antiknock Index (AKI). - The arithmetic
			 average of the Research Octane Number (RON) and Motor Octane Number (MON): AKI
			 = (R0N+M0N)/2. This value is called by a variety of names, in addition to
			 antiknock index, including: octane rating, posted octane, (R+M)/2
			 octane.
1.3. Automatic Transmission
			 Fluid. - A product intended for use in a passenger vehicle, other than a bus,
			 as either a lubricant, coolant, or liquid medium in any type of fluid automatic
			 transmission that contains a torque converter. For the purposes of this
			 regulation, fluids intended for use in continuously variable transmissions are
			 not considered "Automatic Transmission Fluid."
(Added 2004)
1.4. Automotive Fuel Rating. - The automotive
			 fuel rating required under the amended Octane Certification and Posting Rule
			 (or as amended, the Fuel Rating Rule), 16 CFR Part 306. Under this Rule,
			 sellers of liquid automotive fuels, including alternative fuels, must
			 determine, certify, and post an appropriate automotive fuel rating. The
			 automotive fuel rating for gasoline is the antiknock index (octane rating). The
			 automotive fuel rating for alternative liquid fuels consists of the common name
			 of the fuel, along with a disclosure of the amount, expressed as a minimum
			 volume percent of the principal component of the fuel. For alternative liquid
			 automotive fuels, a disclosure of other components, expressed as a minimum
			 volume percent, may be included, if desired.
1.5. Automotive Gasoline, Automotive
			 Gasoline-Oxygenate Blend. - A type of fuel suitable for use in spark ignition
			 automobile engines and also commonly used in marine and non-automotive
			 applications.
1.6. Aviation
			 Gasoline. - A type of gasoline suitable for use as a fuel in an aviation
			 spark-ignition internal combustion engine.
1.7. Aviation Turbine Fuel. - A refined
			 middle distillate suitable for use as a fuel in an aviation gas turbine
			 internal combustion engine.
1.8.
			 Base Gasoline. - All components other than ethanol in a blend of gasoline and
			 ethanol.
1.9. Biodiesel. - A fuel
			 comprised of mono-alkyl esters of long chain fatty acids derived from vegetable
			 oils or animal fats, designated B100.
1.10. Biodiesel Blend. - A fuel comprised of
			 a blend of biodiesel fuel with petroleum-based diesel fuel, designated BXX. In
			 the abbreviation BXX, (e.g., B20) represents the volume percentage of biodiesel
			 fuel in the blend.
1.11. Cetane
			 Number. - A numerical measure of the ignition performance of a diesel fuel
			 obtained by comparing it to reference fuels in a standardized engine
			 test.
1.12. Compressed Natural Gas
			 (CNG). - Natural gas which has been compressed and dispensed into fuel storage
			 containers and is suitable for use as an engine fuel.
1.13. Denatured Fuel Ethanol. - "Ethanol" as
			 defined in Section 1.20. Ethanol.
1.14. Diesel Fuel. - A refined middle
			 distillate suitable for use as a fuel in a compression-ignition (diesel)
			 internal combustion engine.
1.15.
			 Distillate. - Any product obtained by condensing the vapors given off by
			 boiling petroleum or its products.
1.16. EPA. - The United States Environmental
			 Protection Agency (
www.epa.gov
).
1.17. E85 Fuel Ethanol. - A blend of ethanol
			 and hydrocarbons of which the ethanol portion is nominally 75 to 85 volume
			 percent denatured fuel ethanol.
1.18. Engine Fuel. - Any liquid or gaseous
			 matter used for the generation of power in an internal combustion
			 engine.
1.19. Engine Fuels Designed
			 for Special Use. - Engine fuels designated by the Director as requiring
			 registration. These fuels normally do not have ASTM or other national consensus
			 standards applying to their quality or usability; common special fuels are
			 racing fuels and those intended for agricultural and other off-road
			 applications.
1.20. Ethanol. - Also
			 known as "Denatured Fuel Ethanol," means nominally anhydrous ethyl alcohol
			 meeting ASTM D4806 standards. It is intended to be blended with gasoline for
			 use as a fuel in a spark-ignition internal combustion engine. The denatured
			 fuel ethanol is first made unfit for drinking by the addition of the Alcohol
			 and Tobacco Tax and Trade Bureau (TTB),
www.ttb.gov
, approved substances before
			 blending with gasoline.
1.21. Fuel
			 Oil. - Refined oil middle distillates, heavy distillates, or residues of
			 refining, or blends of these, suitable for use as a fuel for heating or power
			 generation, the classification of which shall be defined by ASTM
			 D396.
1.22. Gasoline. - A volatile
			 mixture of liquid hydrocarbons generally containing small amounts of additives
			 suitable for use as a fuel in a spark-ignition internal combustion
			 engine.
1.23. Gasoline-Alcohol
			 Blend. - A fuel consisting primarily of gasoline and a substantial amount (more
			 than 0.35 mass percent of oxygen, or more than 0.15 mass percent of oxygen if
			 methanol is the only oxygenate) of one or more alcohols.
1.24. Gasoline Gallon Equivalent (GGE). -
			 Equivalent to 2.567 kg (5.660 lb) of natural gas.
1.25. Gasoline Liter Equivalent (GLE). -
			 Equivalent to 0.678 kg (1.495 lb) of natural gas.
1.26. Gasoline-Oxygenate Blend. - A fuel
			 consisting primarily of gasoline along with a substantial amount (more than
			 0.35 mass percent of oxygen, or more than 0.15 mass percent of oxygen if
			 methanol is the only oxygenate) of one or more oxygenates.
1.27. Gear Oil. - An oil used to lubricate
			 gears, axles, or some manual transmissions. (Added 2004)
1.28. Kerosene. - (or "Kerosine") A refined
			 middle distillate suitable for use as a fuel for heating or illuminating, the
			 classification of which shall be defined by ASTM D3699.
1.29. Lead Substitute. - An EPA-registered
			 gasoline additive suitable, when added in small amounts to fuel, to reduce or
			 prevent exhaust valve recession (or seat wear) in automotive spark-ignition
			 internal combustion engines designed to operate on leaded fuel.
1.30. Lead Substitute Engine Fuel. - For
			 labeling purposes, a gasoline or gasoline-oxygenate blend that contains a "lead
			 substitute".
1.31. Leaded. - For
			 labeling purposes, any gasoline or gasoline-oxygenate blend which contains more
			 than 0.013 g of lead per liter (0.05 g lead per U.S. gal). NOTE: EPA defines
			 leaded fuel as one which contains more than 0.0013 g of phosphorus per liter
			 (0.005 g per U.S. gal), or any fuel to which lead or phosphorus is
			 intentionally added.
1.32.
			 Liquefied Natural Gas (LNG). - Natural gas that has been liquefied at -126.1
			 °C (-259 °F) and stored in insulated cryogenic tanks for use as an
			 engine fuel.
1.33. Liquefied
			 Petroleum Gas (LPG). - A mixture of normally gaseous hydrocarbons,
			 predominantly propane, or butane, or both, that has been liquefied by
			 compression or cooling, or both to facilitate storage, transport, and
			 handling.
1.34. Low Temperature
			 Operability. - A condition which allows the uninterrupted operation of a diesel
			 engine through the continuous flow of fuel throughout its fuel delivery system
			 at low temperatures. Fuels with adequate low temperature operability
			 characteristics have the ability to avoid wax precipitation and clogging in
			 fuel filters.
(Added 1998) (Amended 1999)
1.35. Lubricant. - Oil (See 1.41. below.).
			 (Added 2008)
1.36. Lubricity. - A
			 qualitative term describing the ability of a fluid to affect friction between,
			 and wear to, surfaces in relative motion under load.
(Added 2003)
1.37. M85 Fuel Methanol. - A blend of
			 methanol and hydrocarbons of which the methanol portion is nominally 70 to 85
			 volume percent.
1.38. Motor Octane
			 Number. - A numerical indication of a spark-ignition engine fuel's resistance
			 to knock obtained by comparison with reference fuels in a standardized ASTM
			 D2700 Motor Method Engine Test.
1.39. Motor Oil. - An oil that reduces
			 friction and wear between the moving parts within a reciprocating internal
			 combustion engine and also serves as a coolant. For the purposes of this
			 regulation, "vehicle motor oil" refers to a motor oil which is intended for use
			 in light- to heavy-duty vehicles including cars, sport utility vehicles, vans,
			 trucks, buses, and off-road farming and construction equipment. For the
			 purposes of this regulation, "recreational motor oil" refers to a motor oil
			 which is intended for use in four-stroke cycle engines used in motorcycles,
			 ATVs, and lawn and garden equipment. For the purposes of this regulation, motor
			 oil also means engine oil.
(Added 2004)
1.40. MTBE. - Methyl
tertiary-butyl
ether. (Added 2008)
1.41.
			 Oil. - A motor oil, engine oil, and/or gear oil. (Added 2004)
1.42. Oxygen Content of Gasoline. - The
			 percentage of oxygen by mass contained in a gasoline.
1.43. Oxygenate. - An oxygen-containing,
			 ashless, organic compound, such as an alcohol or ether, which can be used as a
			 fuel or fuel supplement.
1.44.
			 Reformulated Gasoline (RFG). - A gasoline or gasoline-oxygenate blend certified
			 to meet the specifications and emission reduction requirements established by
			 the Clean Air Act Amendments of 1990, as amended by the Energy Policy Act of
			 2005, required to be sold for use in automotive vehicles in extreme and severe
			 ozone non-attainment areas and those areas which opt to require reformulated
			 gasoline.
(Amended 2008)
1.45. Research Octane Number. - A numerical
			 indication of a spark-ignition engine fuel's resistance to knock obtained by
			 comparison with reference fuels in a standardized ASTM D2699 Research Method
			 Engine Test.
1.46. SAE (SAE
			 International). - A technical organization for engineers, scientists,
			 technicians, and others who cooperate closely in the engineering, design,
			 manufacture, use, and maintainability of self-propelled vehicles.
1.47. Substantially Similar. - Refers to the
			 EPA's "Substantially Similar" rule, Section 211 (f) (1) of the Clean Air Act [
			 42 U.S.C.
			 7545(f)(1) ].
1.48. Thermal Stability. - The ability of a
			 fuel to resist the thermal stress which is experienced by the fuel when exposed
			 to high temperatures in a fuel delivery system. Such stress can lead to
			 formation of insoluble gums or organic particulates. Insolubles (e.g., gums or
			 organic particulates) can clog fuel filters and contribute to injector
			 deposits.
(Added 1998) (Amended 1999)
1.49. Unleaded. - When used in conjunction
			 with "engine fuel" or "gasoline" means any gasoline or gasoline-oxygenate blend
			 to which no lead or phosphorus compounds have been intentionally added and
			 which contains not more than 0.013 gof lead per liter (0.05 gleadperU.S.
			 gallon) and not more than 0.0013 g of phosphorus per liter (0.005 g phosphorus
			 per U.S. gallon).
1.50. Wholesale
			 Purchaser Consumer. - Any person who is an ultimate gasoline consumer of fuel
			 methanol, fuel ethanol, diesel fuel, biodiesel, fuel oil, kerosene, aviation
			 turbine fuels, natural gas, compressed natural gas, or liquefied petroleum gas
			 and who purchases or obtains the product from a supplier and receives delivery
			 of that product into a storage tank.
(Added 1998) (Amended 1999)
Section 2. Standard Fuel Specifications
2.1. Gasoline and Gasoline-Oxygenate Blends.
2.1.1. Gasoline and Gasoline-Oxygenate Blends
			 (as defined in this regulation). - Shall meet the most recent version of ASTM
			 D4814 "Standard Specification for Automotive Spark-Ignition Engine Fuel" except
			 for the permissible offsets for ethanol blends as provided in Section 2.1.3.
			 Gasoline: Ethanol Blends.
(Added 2009)
2.1.2. Gasoline-Oxygenate Blends. - Shall
			 contain no more than 10 volume percent ethanol. For other oxygenates, blends
			 shall contain no more than 2.0 mass percent oxygen except fuels containing
			 aliphatic ethers and/or alcohols (excluding methanol) shall contain no more
			 than 2.7 mass percent oxygen.
(Added 2009)
2.1.3. Gasoline-Ethanol Blends. - When
			 gasoline is blended with 1 to 10 volume percent ethanol, the ethanol shall meet
			 the requirements of ASTM D4806 and the blend shall meet ASTM D4814 with the
			 following permissible exceptions:
(a) The
			 maximum vapor pressure shall not exceed the ASTM D4814 limits by more than 1.0
			 psi for:
(1) Only 9 to 10 volume percent
			 ethanol blends from June 1 through September 15.
(2) All blends of 1 to 10 volume percent
			 ethanol from September 16 through May 31.
(b) Until May 1, 2012, or until ASTM D4814
			 incorporates changes to the 50 volume percent evaporated point to account for
			 the volatility effects of up to 10 volume percent ethanol, whichever occurs
			 earlier, the distillation minimum temperature at the 50 volume percent
			 evaporated point shall not be less than 66 °C (150 °F) (see Notes land
			 2).
(c) Until May 1, 2012, or until
			 ASTM D4814 incorporates changes to the vapor lock protection minimum
			 temperature for Classes 1 - 5 to account for the volatility effects of up to 10
			 volume percent ethanol, whichever occurs earlier, the minimum temperature for a
			 Vapor-Liquid Ratio of 20 for the applicable vapor lock protection class for
			 gasoline-ethanol blends shall be as follows (see Notes 1 and 2):
(1) Class 1 shall be 54 °C (129
			 °F)
(2) Class 2 shall be 50.
			 °C (122 °F)
(3) Class 3
			 shall be 47 °C (116 °F)
(4)
			 Class 4 shall be 41.5 °C (107 °F)
(5) Class 5 shall be 39 °C (102
			 °F)
(6) Class 6 shall be 35
			 °C (95 °F)
All gasoline and gasoline-ethanol blends sold in Area V (as
				shown in ASTM D4814 Appendix Fig. X1.2) shall meet the vapor lock protection
				minimum temperatures in ASTM D4814.
NOTE 1: The value for the 50 volume percent evaporated point
				noted in Section 2.1.3.(b) and the values for Classes 1, 2, and 3 for the
				minimum temperature for a Vapor-Liquid Ratio of 20 in Section 2.1.3.(c) are now
				aligned and identical to those that are being published in ASTM D4814-09b and
				apply equally to gasoline and gasoline-ethanol blends. In future editions of
				NIST Handbook 130, Section 2.1.3.(b) will be removed editorially and the
				reference to Classes 1, 2, and 3 in Section 2.1.3.(c) will be removed
				editorially.
NOTE 2: The temperature values (e.g., 54 °C, 50. °C,
				41.5 °C) are presented in the format prescribed in ASTM E29 "Standard
				Practice for Using Significant Digits in Test Data to Determine Conformance
				with Specifications."
(Added 2009)
2.1.4. Minimum Antiknock Index (AKI). - The
			 AKI shall not be less than the AKI posted on the product dispenser or as
			 certified on the invoice, bill of lading, shipping paper, or other
			 documentation;
2.1.5. Minimum Motor
			 Octane Number. - The minimum motor octane number shall not be less than 82 for
			 gasoline with an AKI of 87 or greater;
2.1.6. Minimum Lead Content to Be Termed
			 "Leaded." - Gasoline and gasoline oxygenate blends sold as "leaded" shall
			 contain a minimum of 0.013 g of lead per liter (0.05 g per U.S.
			 gallon);
2.1.7. Lead Substitute
			 Gasoline. - Gasoline and gasoline-oxygenate blends sold as "lead substitute"
			 gasoline shall contain a lead substitute which provides protection against
			 exhaust valve seat recession equivalent to at least 0.026 g of lead per liter
			 (0.10 g per U.S. gallon).
2.1.7.1.
			 Documentation of Exhaust Valve Seat Protection. - Upon the request of the
			 Director, the lead substitute additive manufacturer shall provide documentation
			 to the Director that demonstrates that the treatment level recommended by the
			 additive manufacturer provides protection against exhaust valve seat recession
			 equivalent to or better than 0.026 g/L (0.1 g/gal) lead. The Director may
			 review the documentation and approve the lead substitute additive before such
			 additive is blended into gasoline. This documentation shall consist of:
(a) test results as published in the Federal
			 Register by the EPA Administrator as required in Section 211(f)(2) of the Clean
			 Air Act; or
(b) until such time as
			 the EPA Administrator develops and publishes a test procedure to determine the
			 additive's effectiveness in reducing valve seat wear, test results and
			 description of the test procedures used in comparing the effectiveness of 0.026
			 g per liter lead and the recommended treatment level of the lead substitute
			 additive shall be provided.
2.1.8. Blending. - Leaded, lead substitute,
			 and unleaded gasoline-oxygenate blends shall be blended according to the EPA
			 "substantially similar" rule or an EPA waiver for unleaded fuel. (Amended
			 2009)
2.2. Diesel Fuel.
			 - Shall meet the most recent version of ASTM D975, "Standard Specification for
			 Diesel Fuel Oils."
2.2.1. Premium Diesel Fuel.
			 - All diesel fuels identified on retail dispensers, bills of lading, invoices,
			 shipping papers, or other documentation with terms such as premium, super,
			 supreme, plus, or premier must conform to the following requirements:
(a) Cetane Number. - A minimum cetane number
			 of 47.0 as determined by ASTM Standard Test Method D613.
(b) Low Temperature Operability. - A cold
			 flow performance measurement which meets the ASTM D975 tenth percentile minimum
			 ambient air temperature charts and maps by either ASTM Standard Test Method
			 D2500 (Cloud Point) or ASTM Standard Test Method D4539 (Low Temperature Flow
			 Test, LTFT). Low temperature operability is only applicable October 1 - March
			 31 of each year.
(c) Thermal
			 Stability. - A minimum reflectance measurement of 80 % as determined by ASTM
			 Standard Test Method D6468 (180 min, 150 °C).
(d) Lubricity. - A maximum wear scar diameter
			 of 520 microns as determined by ASTM D6079. If an enforcement jurisdiction's
			 single test of more than 560 microns is determined, a second test shall be
			 conducted. If the average of the two tests is more than 560 microns, the sample
			 does not conform to the requirements of this part.
(Amended 2003)
2.3. Aviation Turbine Fuels. - Shall meet the
			 most recent version of ASTM D1655, "Standard Specification for Aviation Turbine
			 Fuels."
2.4. Aviation Gasoline. -
			 Shall meet the most recent version of one of the following, as appropriate:
(a) ASTM D910 - "Standard Specification for
			 Aviation Gasoline," or
(b) ASTM
			 D6227 - "Standard Specification for Grade 82 Unleaded Aviation Gasoline."
			 (Amended 2008)
2.5. Fuel
			 Oils. - Shall meet the most recent version of ASTM D396, "Standard
			 Specification for Fuel Oils."
2.6.
			 Kerosene (Kerosine).. - Shall meet the most recent version of ASTM D3699,
			 "Standard Specification for Kerosine."
2.7. Ethanol. - Intended for blending with
			 gasoline shall meet the most recent version of ASTM D4806, "Standard
			 Specification for Denatured Fuel Ethanol for Blending with Gasolines for Use as
			 Automotive Spark-Ignition Engine Fuel."
2.8. Liquefied Petroleum (LP) Gases. - Shall
			 meet ASTM D1835, "Standard Specification for Liquefied Petroleum (LP) Gases."
NOTE: Also reference Gas Processors Association 2140,
				Liquefied Petroleum Gas Specification and Test Methods.
2.9. Compressed Natural Gas (CNG).
			 - Shall meet the most recent version of SAE J1616, "Recommended Practice for
			 Compressed Natural Gas Vehicle Fuel."
2.10. E85 Fuel Ethanol. - Shall meet the most
			 recent version of ASTM D5798, "Standard Specification for Fuel Ethanol
			 (Ed75-Ed85) for Automotive Spark-Ignition Engines."
(Added 1997)
2.11. M85 Fuel Methanol. - Shall meet the
			 most recent version of ASTM D5797, "Standard Specification for Fuel Methanol
			 M70-M85 for Automotive Spark Ignition Engines."
(Added 1997)
2.12. Motor Oil. - Shall not be sold or
			 distributed for use unless the product conforms to the following
			 specifications:
(a) performance claims listed
			 on the label shall be evaluated against SAE J183, API 1509 "Engine Oil
			 Licensing and Certifications System," or other industry standards as
			 applicable;
(b) the product shall
			 meet its labeled viscosity grade specification as specified in the latest
			 published version of SAE J300; and
(c) any engine oil that is represented as
			 "energy conserving" shall meet the requirements established by the latest
			 revision of SAE J1423.
(Added 2004)
2.13. Products for Use in Lubricating Manual
			 Transmissions, Gears, or Axles shall not be sold or distributed for use in
			 lubricating manual transmissions, gears, or axles unless the product conforms
			 to the following specifications:
(a) it is
			 labeled with one or more of the service designations found in the latest
			 revision of the SAE Information Report on axle and manual transmission
			 lubricants, SAE J308, and API Publication 1560, and meets all applicable
			 requirements of those designations;
(b) the product shall meet its labeled
			 viscosity grade classification as specified in the latest published version of
			 SAE J306; and
(c) the product shall
			 be free from water and suspended matter when tested by means of centrifuge, in
			 accordance with the standard test ASTM D2273.
(Added 2004)
2.14. Products for Use in Lubricating
			 Automatic Transmissions. - Any automatic transmission fluid sold without
			 limitation as to type of transmission for which it is intended shall meet all
			 automotive manufacturers' recommended requirements for transmissions in general
			 use in the state. Automatic transmission fluids that are intended for use only
			 in certain transmissions, as disclosed on the label of its container, shall
			 meet the latest automotive manufacturers' recommended requirements for those
			 transmissions. Adherence to automotive manufacturers' recommended requirements
			 shall be based on tests currently available to the lubricants' industry and the
			 state regulatory agency. Any material offered for sale or sold as an additive
			 to automatic transmission fluids shall be compatible with the automatic
			 transmission fluid to which it is added, and shall meet all performance claims
			 as stated on the label. Any manufacturer of any such product sold in this state
			 shall provide, upon request by a duly authorized representative of the
			 Director, documentation of any claims made on their product label.
(Added 2004)
2.15. Biodiesel. - B100 biodiesel intended
			 for blending with diesel fuel shall meet the most recent version of ASTM D6751,
			 Standard Specification for Biodiesel Fuel (B100) Blend Stock for Distillate
			 Fuels.
(Added 2004)
2.16. Biodiesel Blends. - Blends of biodiesel
			 and diesel fuels shall meet the following requirements:
(a) blends that contain less than or equal to
			 5 % must meet ASTM D975, Standard Specification for Diesel Fuel Oils;
(b) blends greater than 5 % biodiesel and
			 that contain less than or equal to 20 % by volume shall meet the most recent
			 edition of ASTM D7467 Standard Specification for Diesel Fuel Oil, Biodiesel
			 Blend (B6 to B20);
(c) use of S15
			 biodiesel is required when blending into S15 low sulfur motor vehicle diesel
			 fuel when the intention is to certify the fuel as S15 grade; and
(d) when blends greater than 20 % are offered
			 for sale, the diesel fuel used in the blend shall meet the most current
			 requirements of ASTM D975, Standard Specification for Diesel Fuel Oils and the
			 biodiesel blend stock shall meet the specifications of paragraph 2.15.
			 Biodiesel.
(Added 2004) (Amended 2008)
Section 3. Classification and
			 Method of Sale of Petroleum Products
3.1.
			 General Considerations.
3.1.1. Documentation.
			 - When products regulated by this rule are sold, an invoice, bill of lading,
			 shipping paper, or other documentation must accompany each delivery other than
			 a retail sale. This document must identify the quantity, the name of the
			 product, the particular grade of the product, the applicable automotive fuel
			 rating, and oxygenate type and content (if applicable), the name and address of
			 the seller and buyer, and the date and time of the sale. Documentation must be
			 retained at the retail establishment for a period not less than thirty days.
(Amended 2012)
3.1.2. Retail Dispenser Labeling. - All
			 retail dispensing devices must identify conspicuously the type of product, the
			 particular grade of the product, and the applicable automotive fuel
			 rating.
3.1.3. Grade Name. - The
			 sale of any product under any grade name that indicates to the purchaser that
			 it is of a certain automotive fuel rating or ASTM grade shall not be permitted
			 unless the automotive fuel rating or grade indicated in the grade name is
			 consistent with the value and meets the requirements of Section 2, Standard
			 Fuel Specifications.
3.2. Automotive Gasoline and Automotive
			 Gasoline-Oxygenate Blends.
3.2.1. Posting of
			 Antiknock Index Required. - All automotive gasoline and automotive
			 gasoline-oxygenate blends shall post the antiknock index in accordance with
			 applicable regulations, 16 CFR Part 306 issued pursuant to the Petroleum
			 Marketing Practices Act, as amended.
3.2.2. When the Term "Leaded" May be Used. -
			 The term "leaded" shall be used only when the fuel meets specification
			 requirements of paragraph 2.1.8. Minimum Lead Content to be Termed
			 "Leaded."
3.2.3. Use of Lead
			 Substitute Must be Disclosed. - Each dispensing device from which gasoline or
			 gasoline-oxygenate blends containing a lead substitute is dispensed shall
			 display the following legend: "Contains Lead Substitute." The lettering of this
			 legend shall not be less than 12.7 mm (!/2 in) in height
			 and the color of the lettering shall be in definite contrast to the background
			 color to which it is applied.
3.2.4. Nozzle Requirements for Leaded Fuel. -
			 Each dispensing device from which gasoline or gasoline-oxygenate blends that
			 contain lead in amounts sufficient to be considered "leaded" gasoline, or lead
			 substitute engine fuel, is sold shall be equipped with a nozzle spout having a
			 terminal end with an outside diameter of not less than 23.63 mm (0.930
			 in).
3.2.5. Prohibition of Terms. -
			 It is prohibited to use specific terms to describe a grade of gasoline or
			 gasoline-oxygenate blend unless it meets the minimum antiknock index
			 requirement shown in Table 1. Minimum Antiknock Index Requirements.
3.2.6. Method of Retail Sale. - Type of
			 Oxygenate must be disclosed. All automotive gasoline or automotive
			 gasoline-oxygenate blends kept, offered, or exposed for sale, or sold at retail
			 containing at least 1.5 mass percent oxygen shall be identified as "with" or
			 "containing" (or similar wording) the predominant oxygenate in the engine fuel.
			 For example, the label may read "contains ethanol" or "with methyl
tertiary-butyl
ether (MTBE)." The oxygenate contributing the
			 largest mass percent oxygen to the blend shall be considered the predominant
			 oxygenate. Where mixtures of only ethers are present, the retailer may post the
			 predominant oxygenate followed by the phrase "or other ethers" or alternatively
			 post the phrase "contains MTBE or other ethers." In addition, gasoline-methanol
			 blend fuels containing more than 0.15 mass percent oxygen from methanol shall
			 be identified as "with" or "containing" methanol. This information shall be
			 posted on the upper 50 % of the dispenser front panel in a position clear and
			 conspicuous from the driver's position in a type at least 12.7 mm
			 (!/2 in) in height, 1.5 mm (Vl6 in) stroke (width of
			 type).
(Amended 1996)
3.2.7. Documentation for Dispenser Labeling
			 Purposes. - The retailer shall be provided, at the time of delivery of the
			 fuel, on an invoice, bill of lading, shipping paper, or other documentation, a
			 declaration of the predominant oxygenate or combination of oxygenates present
			 in concentrations sufficient to yield an oxygen content of at least 1.5 mass
			 percent in the fuel. Where mixtures of only ethers are present, the fuel
			 supplier may identify either the predominant oxygenate in the fuel (i.e., the
			 oxygenate contributing the largest mass percent oxygen) or alternatively, use
			 the phrase "contains MTBE or other ethers." In addition, any gasoline
			 containing more than 0.15 mass percent oxygen from methanol shall be identified
			 as "with" or "containing" methanol. This documentation is only for dispenser
			 labeling purposes; it is the responsibility of any potential blender to
			 determine the total oxygen content of the engine fuel before blending.
(Amended 1996)
Table 1. Minimum Antiknock Index Requirements
Term
Minimum Antiknock Index
ASTMD4814 Altitude Reduction Areas IV and V
All Other ASTM D4814 Areas
Premium, Super, Supreme, High Test
90
91
Midgrade, Plus
87
89
Regular Leaded
86
88
Regular, Unleaded (alone)
85
87
Economy
-
86
(Table 1. Amended 1997)
3.3. Diesel Fuel.
3.3.1. Labeling of Grade Required. - Diesel
			 Fuel shall be identified by grades No. 1-D, No. 2-D, or No. 4-D.
3.3.2. EPA Labeling Requirements Also Apply.
			 - Retailers and wholesale purchaser-consumers of diesel fuel shall comply with
			 EPA pump labeling requirements for sulfur under
			 40
			 CFR §
													80.570.
3.3.3. Delivery Documentation for Premium
			 Diesel. - Before or at the time of delivery of premium diesel fuel, the
			 retailer or the wholesale purchaser-consumer shall be provided on an invoice,
			 bill of lading, shipping paper, or other documentation a declaration of all
			 performance properties that qualifies the fuel as premium diesel fuel as
			 required in Section 2.2.1. Premium Diesel Fuel.
(Added 1998) (Amended 1999)
(Amended 2008)
3.4. Aviation Turbine Fuels.
3.4.1. Labeling of Grade Required. - Aviation
			 turbine fuels shall be identified by Jet A, Jet A 1, or Jet B.
3.4.2. NFPA Labeling Requirements also Apply.
			 - Each dispenser or airport fuel truck dispensing aviation turbine fuels shall
			 be labeled in accordance with the most recent edition of National Fire
			 Protection Association (NFPA 407), Standard for Aircraft Fuel Servicing.
NOTE: For example, NFPA 407, 2007 Edition: Section 4.3.18
				Product Identification Signs. Each aircraft fuel servicing vehicle shall have a
				sign on each side and the rear to indicate the product. The sign shall have
				letters at least 75 mm (3 in) high of color sharply contrasting with its
				background for visibility. It shall show the word "FLAMMABLE" and the name of
				the product carried, such as "JET A," "JET B," "GASOLINE," or "AVGAS." (NOTE:
				Refer to the most recent edition NFTA 407.)
3.5. Aviation Gasoline.
3.5.1. Labeling of Grade Required. - Aviation
			 gasoline shall be identified by Grade 80, Grade 91, Grade 100, or Grade 100LL,
			 or Grade 82UL
(Amended 2008)
3.5.2. NFPA Labeling Requirements also Apply.
			 - Each dispenser or airport fuel truck dispensing aviation gasoline shall be
			 labeled in accordance with the most recent edition of National Fire Protection
			 Association (NFPA) 407, Standard for Aircraft Fuel Servicing.
NOTE:
For example, NFPA 407, 2007 Edition:
				Section 4.3.18 Product Identification Signs. Each aircraft fuel servicing
				vehicle shall have a sign on each side and the rear to indicate the product.
				The sign shall have letters at least 3 in (75 mm) high of color sharply
				contrasting with its background for visibility. It shall show the word
				"FLAMMABLE" and the name of the product carried, such as "JET A," "JET B,"
				"GASOLINE," or "AVGAS." (NOTE: Refer to the most recent edition NFTA
				407.)
3.6. Fuel
			 Oils.
3.6.1. Labeling of Grade Required. -
			 Fuel Oil shall be identified by the grades of No. 1 S500, No. 1 S5000, No. 2
			 S500, No. 2 S5000, No. 4 (Light), No. 4, No. 5 (Light), No. 5 (Heavy), or No.
			 6.
(Amended 2008)
3.7. Kerosene (Kerosine).
3.7.1. Labeling of Grade Required. - Kerosene
			 shall be identified by the grades No. 1-K or No. 2-K.
3.7.2. Additional Labeling Requirements. -
			 Each retail dispenser of kerosene shall be labeled as 1-K Kerosene or 2-K. In
			 addition, No. 2-K dispensers shall display the following legend:
"Warning - Not Suitable For Use In Unvented Heaters Requiring
				No. 1-K."
The lettering of this legend shall not be less than 12.7 mm
(lA
in) in height by 1.5 mm (Vl6
				in) stroke; block style letters and the color of lettering shall be in definite
				contrast to the background color to which it is applied.
3.8. E8£ Fuel Ethanol.
3.8.1. How to Identify Fuel Ethanol. - Fuel
			 ethanol above 10 percent mixture shall be identified by the capital letter E
			 followed by the numerical value volume percentage. (Example: E85)
3.8.1.1. Each retail dispenser of fuel
			 mixtures containing no more than 10 percentage denatured ethanol shall be
			 labeled "This fuel product may contain up to 10 percentage ethanol." Retail
			 dispensers of fuel ethanol of more than 10 percentage shall be labeled with the
			 capital letter E followed by the numerical value volume percent denatured
			 ethanol and ending with the word "ethanol" (Example: E85 Ethanol)
3.8.2. Labeling Requirements.
(a) Fuel ethanol shall be labeled with its
			 automotive fuel rating in accordance with 16 CFR Part 306.
(b) A label shall be posted which states "For
			 Use in Flexible Fuel Vehicles (FFV) Only." This information shall be clearly
			 and conspicuously posed on the upper 50 % of the dispenser front panel in a
			 type at least 12.7 mm (!/2 in) in height, 1.5 mm (Vl6
			 in) stroke (width of type). A label shall be posted which states, "Consult
			 Vehicle Manufacturer Fuel Recommendations," and shall not be less than 6 mm
QA
in) in height by 0.8 mm (732 in) stroke; block style
			 letters and the color shall be in definite contrast to the background color to
			 which it is applied.
(Amended 2007 and 2008)
3.9. M85 Fuel Methanol.
3.9.1. How to Identify M85 Fuel Methanol. -
			 Fuel methanol shall be identified as M85. Example: M85
3.9.2. Retail Dispenser Labeling.
(a) Fuel methanol shall be labeled with its
			 automotive fuel rating in accordance with 16 CFR Part 306. Example: M85
			 Methanol
(b) A label shall be
			 posted which states "For Use in Vehicles Capable of Using M85 Only." This
			 information shall be clearly and conspicuously posted on the upper 50 % of the
			 dispenser front panel in a type of at least 12.7 mm (!/2
			 in) in height, 1.5 mm (Vl6 in) stroke (width of type).
(Amended 2008)
3.10. Liquefied Petroleum Gas (LPG).
3.10.1. How LPG is to be Identified. -
			 Liquefied petroleum gases shall be identified by grades Commercial Propane,
			 Commercial Butane, Commercial PB Mixtures or Special-Duty Propane
			 (HD5).
3.10.2. Retail Dispenser
			 Labeling. - Each retail dispenser of LPGs shall be labeled as "Commercial
			 Propane," "Commercial Butane," "Commercial PB Mixtures," or "Special-Duty
			 Propane (HD5)."
3.10.3. Additional
			 Labeling Requirements. - LPG shall be labeled with its automotive fuel rating
			 in accordance with 16 CFR Part 306.
3.10.4. NFPA Labeling Requirements Also
			 Apply. (Refer to the most recent edition of NFPA 58.)
3.11. Compressed Natural Gas (CNG).
3.11.1. How Compressed Natural Gas is to be
			 Identified. - For the purposes of this regulation, compressed natural gas shall
			 be identified by the term "Compressed Natural Gas" or "CNG."
3.11.2. Retail Sales of Compressed Natural
			 Gas Sold as a Vehicle Fuel.
3.11.2.1. Method
			 of Retail Sale. - All CNG kept, offered, or exposed for sale or sold at retail
			 as a vehicle fuel shall be in terms of the gasoline liter equivalent (GLE) or
			 gasoline gallon equivalent (GGE).
3.11.2.2. Retail Dispenser Labeling.
3.11.2.2.1. Identification of Product. - Each
			 retail dispenser of CNG shall be labeled as "Compressed Natural Gas."
3.11.2.2.2. Conversion Factor. - All retail
			 CNG dispensers shall be labeled with the conversion factor in terms of
			 kilograms or pounds. The label shall be permanently and conspicuously displayed
			 on the face of the dispenser and shall have either the statement "1 Gasoline
			 Liter Equivalent (GLE) is equal to 0.678 kg of Natural Gas" or "1 Gasoline
			 Gallon Equivalent (GGE) is equal to 5.660 lb of Natural Gas" consistent with
			 the method of sale used.
3.11.2.2.3. Pressure. - CNG is dispensed into
			 vehicle fuel containers with working pressures of 16 574 kPa, 20 684 kPa, or 24
			 821 kPa. The dispenser shall be labeled 16 574 kPa, 20 684 kPa, or 24 821 kPa
			 corresponding to the pressure of the CNG dispensed by each fueling
			 hose.
3.11.2.2.4. NFPA Labeling. -
			 NFPA Labeling requirements also apply. (Refer to NFPA 52.) 3.11.3. Nozzle
			 Requirements for CNG. - CNG fueling nozzles shall comply with ANSI/AGA/CGA NGV
			 1.
3.12. Liquefied Natural Gas (LNG).
3.12.1. How Liquefied Natural Gas is to be
			 Identified. - For the purposes of this regulation, liquefied natural gas shall
			 be identified by the term "Liquefied Natural Gas" or "LNG."
3.12.2. Labeling of Retail Dispensers of
			 Liquefied Natural Gas Sold as a Vehicle Fuel.
3.12.2.1. Identification of Product. - Each
			 retail dispenser of LNG shall be labeled as "Liquefied Natural Gas."
3.12.2.2. Automotive Fuel Rating. - LNG
			 automotive fuel shall be labeled with its automotive fuel rating in accordance
			 with 16 CFR Part 306.
3.12.2.3.
			 NFPA Labeling. - NFPA Labeling requirements also apply. (Refer to NFPA
			 57.)
3.13.
			 Oil.
3.13.1. Labeling of Vehicle Motor Oil.
3.13.1.1. Viscosity. - The label on each
			 container of vehicle motor oil shall contain the viscosity grade classification
			 preceded by the letters "SAE" in accordance with the SAE International's latest
			 version of SAE J300.
3.13.1.2.
			 Intended Use. - The label on each container of vehicle motor oil shall contain
			 a statement of its intended use in accordance with the latest version of SAE
			 J300.
3.13.1.3. Engine Service
			 Category. - The label on each container of vehicle motor oil shall contain the
			 engine service category, or categories, met in letters not less than 3.18 mm
			 (78 in) in height, as defined by the latest version of SAE J183 or API
			 Publication 1509, "Engine Oil Licensing and Certification System."
3.13.1.3.1. Exception for Quantities of One
			 Gallon (3.785 L) or Less. - A container of engine vehicle motor oil with a
			 volume of 1 gal (3.785 L) or less that does not meet an active service
			 category, as defined by the latest version of SAE J183, shall bear a plainly
			 visible cautionary statement in compliance with SAE J183, Appendix A, for
			 obsolete API oil categories.
3.13.2. Labeling of Recreational Motor Oil.
3.13.2.1. Viscosity. -The label on each
			 container of recreational motor oil shall contain the viscosity grade
			 classification preceded by the letters "SAE" in accordance with the SAE
			 International's latest version of SAE J300.
3.13.2.2. Intended Use. - The label on each
			 container of recreational motor oil shall contain a statement of its intended
			 use in accordance with the latest version of SAE J300.
3.13.3. Labeling of Gear Oil.
3.13.3.1. Viscosity. - The label on each
			 container of gear oil shall contain the viscosity grade classification preceded
			 by the letters "SAE" in accordance with the SAE International's latest version
			 of SAE J306 or SAE J300.
3.13.3.1.1.
			 Exception. - Some automotive equipment manufacturers may not specify an SAE
			 viscosity grade requirement for some applications. Gear oils intended to be
			 used only in such applications are not required to contain an SAE viscosity
			 grade on their labels.
3.13.3.2. Service Category. -The label on
			 each container of gear oil shall contain the service category, or categories,
			 in letters not less than 3.18 mm (78 in) in height, as defined by the latest
			 version of SAE J308.
(Added 2004)
3.14. Automatic Transmission Fluid.
3.14.1. Labeling. - The label on a container
			 of automatic transmission fluid shall not contain any information that is false
			 or misleading. In addition, each container of automatic transmission fluid
			 shall be labeled with the following:
(a) the
			 brand name;
(b) the name and place
			 of business of the manufacturer, packer, seller, or distributor;
(c) the words "Automatic Transmission
			 Fluid";
(d) the duty type of
			 classification; and
(e) an accurate
			 statement of the quantity of the contents in terms of liquid measure.
3.14.2. Documentation of Claims
			 Made Upon Product Label. - Any manufacturer or packer of any product subject to
			 this article and sold in this state shall provide, upon request of duly
			 authorized representatives of the Director, documentation of any claim made
			 upon their product label.
(Added 2004)
3.15. Biodiesel andBiodiesel Blends.
3.15.1. Identification of Product. -
			 Biodiesel shall be identified by the term "biodiesel" with the designation
			 "B100." Biodiesel blends shall be identified by the term "Biodiesel
			 Blend."
3.15.2. Labeling of Retail
			 Dispensers.
3.15.2.1. Labeling of Grade
			 Required. -Biodiesel shall be identified by the grades S15 or S500. Biodiesel
			 blends shall be identified by the grades No. 1-D, No. 2-D, or No.
			 4-D.
3.15.2.2. EPA Labeling
			 Requirements Also Apply. - Retailers and wholesale purchaser-consumers of
			 biodiesel blends shall comply with EPA pump labeling requirements for sulfur
			 under
			 40
			 CFR §
														80.570.
3.15.2.2.1.
Blends between 5 and
			 20% biodiesel may be labeled "This product may contain up to 20%
			 biodiesel."
3.15.2.3. Automotive Fuel Rating. - Biodiesel
			 and biodiesel blends shall be labeled with its automotive fuel rating in
			 accordance with 16 CFR Part 306.
3.15.2.4. Biodiesel Blends. - When biodiesel
			 blends greater than 20 %by volume are offered by sale, each side of the
			 dispenser where fuel can be delivered shall have a label conspicuously placed
			 that states "Consult Vehicle Manufacturer Fuel Recommendations."
The lettering of this legend shall not be less that 6 mm
QA
in) in height by 0.8 mm (732 in) stroke; block style
				letters and the color shall be in definite contrast to the background color to
				which it is applied.
3.15.3. Documentation for Dispenser Labeling
			 Purposes. - The retailer shall be provided, at the time of delivery of the
			 fuel, a declaration of the volume percent biodiesel on an invoice, bill of
			 lading, shipping paper, or other document. This documentation is for dispenser
			 labeling purposes only; it is the responsibility of any potential blender to
			 determine the amount of biodiesel in the diesel fuel prior to
			 blending.
3.15.4. Exemption. -
			 Biodiesel blends that contain less than or equal to 5 % biodiesel by volume are
			 exempted from the requirements of Sections 3.15.1. Identification of Product,
			 3.15.2. Labeling of Retail Dispensers, and 3.15.3. Automotive Fuel Rating when
			 it is sold as "diesel fuel" as required in Section 3.3. Diesel Fuel.
(Added 2005) (Amended 2008)
Section 4. Retail Storage Tanks
			 and Dispenser Filters
4.1. Water in
			 Gasoline-Alcohol Blends, Aviation Blends, Biodiesel Blends, E85 Fuel Ethanol,
			 Aviation Gasoline, and Aviation Turbine Fuel. - No water phase greater than 6
			 mm
QA
in) as determined by an appropriate detection paste or
			 other acceptable means, is allowed to accumulate in any tank utilized in the
			 storage of gasoline-alcohol blend, biodiesel, biodiesel blends, E85 fuel
			 ethanol, aviation gasoline, and aviation turbine fuel.
(Amended 2008)
4.2. Water in Gasoline, Diesel,
			 Gasoline-Ether, and Other Fuels. - Water shall not exceed 25 mm (1 in) in depth
			 when measured with water indicating paste or other acceptable means in any tank
			 utilized in the storage of diesel, gasoline, gasoline-ether blends, and
			 kerosene sold at retail except as required in
Section 4.1. Water in Gasoline-Alcohol
			 Blends, Aviation Blends, Biodiesel Blends, E85 Fuel Ethanol, Aviation Gasoline,
			 and Aviation Turbine Fuel.
(Amended 2008)
4.3.
			 Dispenser Filters.
4.3.1. Engine Fuel
			 Dispensers.
(a) All gasoline,
			 gasoline-alcohol blends, gasoline-ether blends, E85 fuel ethanol and M85
			 methanol dispensers shall have a 10 micron or smaller nominal pore-sized
			 filter.
(b) All biodiesel,
			 biodiesel blends, diesel, and kerosene dispensers shall have a 30 micron or
			 smaller nominal pore-sized filter.
4.3.2. Delivery of Aviation Fuel and
			 Gasoline.
(a) Fuel delivery of aviation
			 turbine fuel into aircraft shall be filtered through a fuel filter/separator
			 conforming to API 1581 Specification and Qualification Procedures for Aviation
			 Jet Fuel Filter/Separators.
(b)
			 Fuel delivery of aviation gasoline into aircraft shall be filtered through a
			 fuel filter/separator conforming to API 1581 Specification and Qualification
			 Procedures for Aviation Jet Fuel Filter/Separators.
(Added 2008)
4.4. Product Storage Identification.
4.4.1. Fill Connection Labeling. - The fill
			 connection for any fuel product storage tank or vessel supplying engine-fuel
			 devices shall be permanently, plainly, and visibly marked as to the product
			 contained.
(Amended 2008)
4.4.2. Declaration of Meaning of Color Code.
			 - When the fill connection device is marked by means of a color code, the color
			 code shall be conspicuously displayed at the place of business.
4.5. Volume of Product
			 Information. - Each retail location shall maintain on file a calibration chart
			 or other means of determining the volume of each regulated product in each
			 storage tank and the total capacity of such storage tank(s). This information
			 shall be supplied immediately to the Director.
Section 5. Condemned Product
5.1. Stop-Sale Order at Retail. - A stop-sale
			 order may be issued to retail establishment dealers for fuels failing to meet
			 specifications or when a condition exists that causes product degradation. A
			 release from a stop-sale order will be awarded only after final disposition has
			 been agreed upon by the Director. Confirmation of disposition shall be
			 submitted in writing on form(s) provided by the Director and contain an
			 explanation for the fuel's failure to meet specifications. Upon discovery of
			 fuels failing to meet specifications, meter readings and physical inventory
			 shall be taken and reported in confirmation for disposition. Specific
			 variations or exemptions may be made for fuels designed for special equipment
			 or services and for which it can be demonstrated that the distribution will be
			 restricted to those uses.
5.2.
			 Stop-Sale Order at Terminal or Bulk Plant Facility. - A stop-sale order may be
			 issued when products maintained at terminals or bulk plant facilities fail to
			 meet specifications or when a condition exists that may cause product
			 degradation. The terminal or bulk storage plant shall immediately notify all
			 customers that received those product(s) and make any arrangements necessary to
			 replace or adjust to specifications those product(s). A release from a
			 stop-sale order will be awarded only after final disposition has been agreed
			 upon by the Director. Confirmation of disposition of products shall be made
			 available in writing to the Director. Specific variations or exemptions may be
			 made for fuels used for blending purposes or designed for special equipment or
			 services and for which it can be demonstrated that the distribution will be
			 restricted to those uses.
Section
			 6. Product Registration
6.1.
			 Engine Fuels Designed for Special Use. - All engine fuels designed for special
			 use that do not meet ASTM specifications or standards addressed in Section 2.
			 Standard Fuel Specifications shall be registered with the Director on forms
			 prescribed by the Director 30 days prior to when the registrant wishes to
			 engage in sales. The registration form shall include all of the following
			 information:
6.1.1. Identity. - Business name
			 and address(es).
6.1.2. Address. -
			 Mailing address, if different than business address.
6.1.3. Business Type. - Type of ownership of
			 the distributor or retail dealer, such as an individual, partnership,
			 association, trust, corporation, or any other legal entity or combination
			 thereof.
6.1.4. Signature. - An
			 authorized signature, title, and date for each registration.
6.1.5. Product Description. - Product brand
			 name and product description.
6.1.6. Product Specification. - A product
			 specification sheet shall be attached.
6.2. Renewal. - Registration is subject to
			 annual renewal.
6.3.
			 Re-registration. - Re-registration is required 30 days prior to any changes in
			 Section 6.1. Engine Fuels Designed for Special Use.
6.4. Authority to Deny Registration. - The
			 Director may decline to register any product that actually or by implication
			 would deceive or tend to deceive a purchaser as to the identity or the quality
			 of the engine fuel.
6.5.
			 Transferability. - The registration is not transferable.
Section 7. Test Methods and Reproducibility
			 Limits
7.1. ASTM Standard Test Methods. - ASTM
			 Standard Test Methods referenced for use within the applicable Standard
			 Specification shall be used to determine the specification values for
			 enforcement purposes.
7.1.1. Premium Diesel. -
			 The following test methods shall be used to determine compliance with the
			 premium diesel parameters:
(a) Cetane Number -
			 ASTM D613;
(b) Low Temperature
			 Operability - ASTM D4539 or ASTM D2500 (according to marketing
			 claim);
(c) Thermal Stability -
			 ASTM D6468 (180 min, 150 °C); and
(d) Lubricity - ASTM D6079. (Amended
			 2003)
7.2.
			 Reproducibility Limits.
7.2.1. AKI Limits. -
			 When determining the antiknock index (AKI) acceptance or rejection of a
			 gasoline sample, the AKI reproducibility limits as outlined in ASTM D4814
			 Appendix XI shall be acknowledged for enforcement purposes.
7.2.2. Reproducibility. - The reproducibility
			 limits of the standard test method used for each test performed shall be
			 acknowledged for enforcement purposes, except as indicated in Section 2.2.1.
			 Premium Diesel Fuel, and Section 7.2.1. AKI Limits. No allowance shall be made
			 for the precision of the test methods for aviation gasoline or aviation turbine
			 fuels.
(Amended 2008)
7.2.3. SAE Viscosity Grades for Engine Oils.
			 - All values are critical specifications as defined in ASTM D3244. The product
			 shall be considered to be in conformance if the Assigned Test Value (ATV) is
			 within the specification.
(Added 2008)
7.2.4. Dispute Resolution. - In the event of
			 a dispute over a reported test value, the guidelines presented in the most
			 recent version of ASTM D3244, "Standard Practice for Utilization of Test Data
			 to Determine Conformance with Specifications," shall be used to determine the
			 acceptance or rejection of the sample.
7.2.5. Additional Enforcement Action. - The
			 Director may initiate enforcement action in the event that, based upon a
			 statistically significant number of samples, the average test result for
			 products sampled from a particular person is greater than the legal maximum or
			 less than the legal minimum limits (specification value), posted values,
			 certified values, or registered values.
(Added 2008)
V. Examination Procedure for Price
			 Verification as adopted by The National Conference on Weights and Measures*
A. Background
The NCWM* established the Price Verification Working Group in
				1993 to respond to public concern about price accuracy in retail stores. More
				than 500 retailers, consumer representatives, and state and local weights and
				measures officials participated in the development of the procedure. It was
				adopted by the NCWM at the 80th Annual Meeting in
				1995.
The procedure applies to all retail stores, including food,
				hardware, general merchandise, drug, automotive supply, convenience, and club
				or other stores. Model inspection reports are included to promote the
				collection of uniform data. The model reports and uniform procedures will serve
				as the foundation for the collection and summarization of price accuracy data
				on a national basis. This information may be used to provide reliable
				information on price accuracy with a national perspective. The procedure
				provides administrators with the tools, guidance, and background information,
				as well as uniform test procedures and enforcement practices, to enhance the
				economic wellbeing of consumers and retail businesses in their jurisdiction. By
				implementing this program in cooperation with industry, officials will help to
				restore and maintain consumer confidence in retail pricing practices and
				technologies, such as scanners, and provide economic benefits for consumers and
				the business community.
B.
			 Status of Promulgation
The Examination Procedure for Price Verification was
				recommended for adoption by the Conference in 1995. The table beginning on page
				10 shows the status of adoption of the procedure.
*The National Conference on Weights and Measures (NCWM)
				is supported by the National Institute of Standards and Technology (NIST) in
				partial implementation of its statutory responsibility for "cooperation with
				the states in securing uniformity in weights and measures laws and methods of
				inspection. "
Examination Procedure for Price Verification
Section 1. Scope
These procedures may be used to conduct price verification
				inspections in any type of store, including those that use Universal Product
				Code (UPC) scanners and price-look-up codes at the check-out counter as a means
				for pricing. Procedures are included for test purchases and verifying manual
				entries. The purpose of the procedure is to ensure that consumers are charged
				the correct price for the items they purchase. The "randomized" and
				"stratified" sampling procedures are intended for use in routine inspections to
				determine how well a store is maintaining price accuracy. Nothing in this
				procedure should be construed or interpreted to redefine any state or local law
				or limit any jurisdiction from enforcing any law, regulation, or procedures
				that relates to the accuracy of advertisements of retail prices, or any other
				legal requirement.
Section
			 2. Definitions
2.1. Area. -
			 "Entire store," a "department," "grouping of shelves or displays," or other
			 "section" of a store as defined by the inspector from which samples are
			 selected for verification. "Non-public" areas of a store are not included
			 (e.g., the area in a pharmacy where controlled drugs are kept or product store
			 rooms).
2.2. Cents-off
			 Representation. - Any printed matter consisting of the words "cents off' or
			 words of similar import placed upon any item or on a label affixed or adjacent
			 to an item, stating or representing by implication that it is offered for sale
			 at a lower price than the ordinary and customary retail selling price (e.g., 15
			 % off, bonus offers, 2 for 1, or 1-cent sales, etc.).
2.3. Direct-Store-Delivery (DSD) Item. - An
			 item delivered to a store, and usually priced, by route salespeople (e.g.,
			 milk, beer, soft drinks, bread, and snack foods).
2.4. Displays.
(a) Aisle Stacks or End-of-Aisle Displays. -
			 Displays located in freestanding units or attached at the end of or adjacent to
			 a tier of shelves.
(b) Tie-in
			 Displays. - Displays of related products at secondary locations in a store
			 (e.g., barbecue sauce on shelves in an aisle that may also be simultaneously
			 displayed in the meat department of a food store).
(c) Multiple Displays. - Displays of the same
			 product at several locations in a store.
2.5. Hand-held Scanning Device. - A portable
			 device that scans UPC codes and also allows for the comparison of the price
			 displayed on a shelf, item, or otherwise advertised to the price for the item
			 in the point-of-sale database.
NOTE: These devices either retain a "batch " file of
				entered prices and identities for later comparison to the database or operate
				"on-line " via FM radio to the database. When used for price verification, they
				shall only be used with the active point-of-sale database. If you use a
				hand-held scanner, verify all price discrepancies by scanning the item at a
				check-out register and request a printed receipt to document the price that
				consumers would be charged.
2.6. Enforcement Levels.
NOTE: These recommendations are not intended to modify
				the enforcement policy of any jurisdiction unless they are adopted by the
				jurisdiction.
(a) Lower
			 levels of enforcement actions. - Includes increased inspection frequency,
			 stop-sale or correction orders, warning letters, and other notifications of
			 noncompliance.
(b) Higher levels of
			 enforcement actions. - Includes issuance of citations, administrative hearings,
			 civil penalties, or prosecution under criminal statutes.
2.7. Inspection Types.
(a) Automated Inspection. - Inspections that
			 are conducted using a hand-held scanning device.
(b) Manual Inspection. - Removing items from
			 displays and taking them to a check-out terminal to verify the price (e.g.,
			 select the items and either (1) take them to a check-out terminal for scanning
			 or (2) record the product identity, UPC number, and shelf price for each
			 package on an inspection report) and then manually entering the UPC numbers in
			 the register. The manual entries may be made by the official or by a store
			 employee.
2.8.
			 Inspection Frequency.
These recommendations do not modify the inspection
				policy of any jurisdiction unless adopted by the jurisdiction.
Inspection Control. - After a program has been in place
				for a period of time and a database is established, procedures can be developed
				to randomly select stores for inspection, or to focus inspections on stores
				with low levels of compliance.
(a) Normal Inspection Frequency. - An
			 inspection made at the customary time interval used by an enforcement agency.
			 Inspections may be conducted during normal business hours. Stores under this
			 normal frequency should be inspected semi-annually or annually.
(b) Increased Inspection Frequency. - An
			 inspection made more often than with the customary time interval, usually as a
			 follow-up on prior violations. Inspections may be conducted during the normal
			 business hours. Stores under this increased frequency should be inspected on a
			 quarterly, bi-monthly, or more frequent basis.
(c) Term of Increased Inspection Frequency. -
			 A store placed on an increased inspection frequency shall remain at that
			 frequency until there are two consecutive inspections with an accuracy of 98 %
			 or higher.
(d) Special Inspection.
			 - An inspection that is conducted as a follow-up to a prior inspection or to
			 investigate a complaint.
2.9. Inspection Lot. - A group of items
			 available for testing in an "area" or "areas." (See 2.1. "Area.")
2.10. Merchandise Group. - A group of
			 products identified under a common heading for inspection purposes only (e.g.,
			 "advertised sale" items, "end-of-aisle" items, "direct delivery" items,
			 "cents-off items, or all the items in the "men's" department in a department
			 store).
2.11. Not-on-File Item. -
			 Items not found in the point-of-sale database. When found, another item is
			 selected at random (e.g., an item on either side of the one that was not on
			 file) to replace the item in the sample. A "not-on-file" item is not an error
			 unless you determine that the price "charged" for the item is incorrect by
			 conducting a test purchase or by asking the check-out clerk to determine the
			 price by using the store's written or stated policy or procedures. If the price
			 is found to be inconsistent, the error is included in the total.
2.12. Notification of Noncompliance. - Any
			 written notice given to a store describing the violations of the law that were
			 found.
2.13. Price Look-Up Code
			 (PLU). - A pricing system where numbers are assigned to items or commodities,
			 and the price is stored in a database for recall when the numbers are manually
			 entered. PLU codes are used with scales, cash registers, and point-of-sale
			 systems.
2.14. Prices. - These
			 definitions do not amend or effect the provisions of any law, regulation, or
			 other test procedure.
(a) Misrepresented
			 Price. - The price charged differs from the price at which the item is offered,
			 exposed, or advertised for sale, or that the price is different from the price
			 on the item, shelf label, or sign.
(b) Price Charged. - The price charged for an
			 item and either displayed on the automated device or on the receipt issued by
			 the device, whether the item is scanned or actually purchased, the device is
			 computing or recording while in a training or inspection mode, or by using the
			 hand-held device tied to the point-of-sale database.
(c) Overcharge. - The price charged for an
			 item is more than the lowest advertised, quoted, posted, or marked
			 price.
(d) Undercharge. - The price
			 charged for an item is less than the lowest advertised, quoted, posted, or
			 marked price.
(e) Intentional
			 Undercharge. - Undercharges are not counted as errors if the store provides, at
			 the time of inspection, information that confirms that the price error was
			 intentional (e.g., an undercharge that occurs when a store lowers a price in a
			 database before it changes shelf tags or signs in anticipation of selling the
			 item at a lower price, or when a store increases the price or advertised price
			 of an item, and then increases the price in the database, or when a discounted
			 price is rounded to a lower value).
2.15. Pricing Coordinator. - The individual
			 designated by the store to control and maintain "pricing integrity" in the
			 store, although the title will differ among retailers.
2.16. Pricing Integrity. - Ensuring that the
			 computer price file and/or the price charged to consumers at a cash register is
			 the same price that is marked on the product, in an advertisement, and/or the
			 shelf tag.
2.17. Sample. - The
			 number of items selected for testing from the inspection lot.
2.18. Scanner. - An electronic system that
			 employs a laser bar code reader to retrieve product identity, price, and other
			 information stored in computer memory.
2.19. Stock-Keeping Unit (SKU). - A system of
			 product identity and pricing similar to PLUs.
2.20. Store-Coded Item. - The application of
			 UPC codes to items in the store. Scales in the meat, deli, and other
			 departments generate UPC labels that include identity and price information
			 that can be read by point-of-sale scanners.
2.21. Stop-Sale Order. - An official document
			 placing a package or an amount of any commodity off-sale, that is offered or
			 exposed for sale in violation of the law.
2.22. Ticketed Merchandise. - Items from
			 which the price must be read from a ticket (or price sticker) and manually
			 keyed into a register.
2.23.
			 Universal Product Code (UPC). - A unique symbol that consists of a machine
			 readable code and human-readable numbers. UPCs are printed on package labels or
			 are applied with tags or labels. UPC codes may be printed for random weight
			 packages by price computing scales. UPC symbols must meet the standards
			 established by the GS1 US (formerly the Uniform Code Council [UCC]) in order
			 for them to "scan" accurately. The size and clarity of the print and clear area
			 surrounding the symbol are just a few of the factors that affect accuracy. The
			 GS1 US issues codes and answers technical questions. For more information,
			 contact GS1 US, at 7887 Washington Village Drive, Suite 300, Dayton, OH 45459,
			 telephone: (937)435-3870, FAX (937) 435-7317, or e-mail info@gslus.org. You can
			 visit them on the web at
www.gslus.org
.
Section 3. Test Notes
3.1. Safety and Health. - Practice safe work
			 habits to avoid personal injuries or property damage. Be aware of and follow
			 all safety or sanitation rules at the inspection site. Handle perishable,
			 dairy, or frozen products properly to avoid damage (e.g., avoid defrosting
			 frozen foods or allowing dairy products to warm to room temperature that may
			 result in spoilage).
3.2.
			 Confidentiality of Findings. - Inspection findings should be discussed only
			 with an authorized store representative and released only in accordance with
			 applicable public records laws.
Section 4. Materials and Equipment
The following materials and equipment are recommended for use
				in conducting the inspections in this procedure: Inspection report:
* Copy of laws or regulations
* Hand-held counter or Price Verification Tally Sheets
* 1 lb (or 1 kg) test standard
* Merchandise cart (if required and available)
Other equipment and materials provided by the store when
				available:
* Current newspaper advertisement or store sales
				brochures
* Hand-held scanning device(s). Stores are not required to have
				this equipment or to make it available for your use. However, many stores use
				this equipment to maintain price integrity and may make it available for your
				use on request.
Section 5.
			 Pre-Inspection Tasks
Prior to conducting an inspection, it is recommended that you
				contact the store management, identify yourself, and explain the purpose of
				your visit. Determine if there are any health, sanitation, or safety rules. If
				requested, provide information on the law or the inspection procedure.
NOTE: When verifying manual price entries or conducting
				test purchases, store management is typically not notified of the test until
				the items have been totaled and the transaction completed.
(a) Notify store representatives that they
			 are invited to participate in the inspection.
(b) If the store makes a hand-held scanning
			 device available for use, request instructions on how to operate it properly.
			 It is acceptable for the "pricing coordinator" to operate the scanning device
			 and participate in the inspection.
(c) If you use the manual inspection
			 procedure, advise the store representative that you will return the merchandise
			 to its display location unless the store representative wants to restock the
			 items, which is acceptable. Determine which check-out location to use. Arrange
			 to have the register set so that the items you verify are not included in sales
			 records.
(d) Conduct inspections in
			 a manner that does not disrupt normal business activities.
Section 6. Inspection
Perform the following inspections:
6.1. Position of Equipment. - Determine if
			 customer indications on point-of-sale systems meet NIST Handbook 44, General
			 Code, User Requirement, 3.3. Position of Equipment. A device equipped with a
			 primary indicating element and used in direct sales shall be so positioned that
			 its indications may be accurately read and the weighing and measuring operation
			 may be observed from some "reasonable" customer position.
NIST Handbook 44 defines "point-of-sale system" as an assembly
				of elements including a weighing element, indicating element, and a recording
				element (and may be equipped with a scanner) used to complete a direct sale
				transaction.
NOTE: The importance of consumer
access
to the cash register display of product information and price cannot be
				overstated. If consumers cannot verify prices as the items are being scanned,
				they must wait until the transaction is completed (i.e., they must pay by cash,
				check, or credit card) before they receive the receipt and can confirm the
				prices charged for the items.
6.2. Other.
(a) If you use a cash register, verify the
			 accuracy and legibility of information provided on register receipts.
(b) Conduct inspections to enforce local
			 requirements if your jurisdiction has specific laws or regulations relating to
			 price marking, shelf labels, or unit pricing.
Section 7. Test Procedures
These procedures shall be used to conduct inspections in any
				type of store, whether the store uses scanners or automated price look-up
				registers, or where a clerk manually enters the prices.
7.1. Application of Sampling Plans.
(a) For normal or increased frequency
			 inspections, follow the procedures referred to in Columns 1, 2, and 3 in Table
			 1. Samples, Sample Collection, and Accuracy Requirements.
(b) For special inspections, use the test
			 procedures in Section 7.2. Table 1. Samples, Sample Collection, and Accuracy
			 Requirements or 7.4. Procedure for Test Purchases and for Verifying Manually
			 Entered Prices.
7.2.
			 Table 1. Samples, Sample Collection, and Accuracy Requirements.
7.2.1. How to Use the Table:
(a) Look in Column 1 for the type of store
			 you are inspecting; select the appropriate sample size from Column 2; then
			 refer to Column 3 for the type of sample collection plan to use.
(b) Follow the single-stage or two-stage
			 sampling plans to conduct the inspection and collect the samples using either
			 the "randomized" or "stratified" sample collection procedures described in
			 Section7.3. Sample Collection Procedures or the procedure in Section 7.4.
			 Procedure for Test Purchases and for Verifying Manually Entered
			 Prices.
(c) Apply the accuracy
			 requirements for the appropriate sample size in Column 4.
7.2.2. Samples. - Refer to Column 2 in Table
			 1. Samples, Sample Collection, and Accuracy Requirements to determine how many
			 items to select for the store type and whether to use the single-stage or
			 two-stage sampling plan. You may use either:
(a) Single-Stage Sample. - A single-stage
			 sample is typically used for, but is not limited to, stores where a hand-held
			 scanner device is available for the inspection; or
(b) Two-Stage Sample. - A two-stage sample
			 saves time. If the sample (usually one-half the total sample size) taken in the
			 first-stage meets the accuracy requirements specified in Column 4 in Table 1.
			 Samples, Sample Collection, and Accuracy Requirements, the inspection is
			 complete. However, if the errors in the first-stage sample fall within the
			 limits set in Column 4, the second-stage of the sample is taken.
7.3. Sample Collection
			 Procedures (for use with either manual or automated inspection procedures). -
			 These sample collection procedures may be used to conduct either manual or
			 automated inspections with a single-stage or two-stage sample. That is, you can
			 either use a hand-held scanning device to verify the price of an item
			 (automated), or you can remove the items from display and take them to a
			 check-out location to verify the price of the item (manual) regardless of which
			 sample collection procedure is used. No sample collection procedure is ideal
			 for all retail store arrangements. You can modify the procedure to fit each
			 store, but you should adhere to the sample size and sample collection
			 procedures described in Table 1. Samples, Sample Collection, and Accuracy
			 Requirements. When using any of the procedures, test the store as a whole unit
			 by taking samples from all parts of the store, or divide the store into "areas"
			 and select samples from several "areas" (e.g., at least 10 areas, or one-third
			 or one-half of the "areas").
Table 1. Samples, Sample Collection, and Accuracy
						  Requirements
Column 1. Type of Store
Column 2. Samples
Column 3.
Sample Collection
Procedures
Column 4.
Accuracy Requirements
(See Section 10)
Convenience or Any Other Small Retail Store
NOTE: For this procedure, a small store is typically
						  one with three or fewer check-out registers.
Two-Stage Sample:
First Stage = 25 items
Second Stage = 25 items or more
Total = 50 items or more or
Single-Stage Sample:
50 items or more
Use the Randomized Sample Collection in 7.3.1 or the
						  Stratified Sample Collection in 7.3.2.
and
Use Manual or Automated Inspection Procedures
If 1 error is found in the 25-item sample, test an
						  additional 25 items.
If more than 1 error is found in the 50-item sample,
						  the store fails.
NOTE: If more than 1 error is found in the first 25
						  items, the store fails.
All Other Retail Stores
Two-Stage Sample:
First Stage = 50 items
Second Stage = 50 items or more
Total =100 items or more
NOTE: Test the store as a whole unit by taking samples
						  from all "areas" of the store,
or divide the store into "areas" and select samples
						  from several "areas" (e.g., at least 10 or one-third of the "areas")
If 1 error is found in the 50-item sample, the store
						  passes.
If 2 errors are found in the 50-item sample, test an
						  additional 50 items.
If more than 2 errors are found in the 100 item sample,
						  the store fails.
NOTE: If more than 2 errors are found in either stage,
						  the store fails.
Single-Stage Sample: 100 or more items
If more than 2 errors are found in the 100-item sample
						  the store fails; or
If more than 100 items are sampled, the error rate
						  shall not exceed 2 %.
NOTE 1: These sampling procedures allow flexibility in
				sample collection for use in any type or size of store. You can take several
				different approaches and select a number of "areas" to sample using the sample
				sizes in Table 1. For example, to perform a 100-item inspection in a department
				store with 20 "areas," you can either verify 5 items in an "area, "10 items in
				each of 10 "areas, " or 20 items from each of 5 "areas. "
NOTE 2: The sample sizes used for routine inspections
				in this procedure should not be used to estimate the overall accuracy of prices
				in a store.
NOTE 3: In some stores, price reductions are not
				programmed into the point-of-sale system. Instead, discounts are manually
				entered by a sales clerk; however, the sales clerks should have a means of
				identifying a sale item. When conducting normal inspections, verify the price
				of the sale items by allowing the sales clerk to determine the price of the
				item using the store's customary procedures. This will ensure that the customer
				receives the correct price regardless of the location where the check-out
				occurs.
7.3.1. Randomized
			 Sample Collectioa - In "randomized" sample collection, all items in an "area"
			 have an equal chance of being included in the sample. This test procedure has
			 several benefits, including:
(1) having more
			 effective coverage and being simpler to conduct because you select items by
			 count following a systematic pattern throughout the store, and
(2) ensuring that a wider range of items are
			 verified, which increases scrutiny; therefore, there is greater confidence in
			 the results. With most samples, several items will be verified in each "area"
			 of the store. Since store sizes differ, this number will vary, but samples
			 should be taken from a wide variety of items (and merchandise groups) from
			 locations throughout the store or "area."
The steps of the randomized sampling collection procedure are
				as follows:
(a) Count the number of
			 "areas" in the store which have products to be verified:
(1) Stand-alone counters and displays or
			 whole departments (e.g., bakery or seafood, or "men's clothing" or "sporting
			 goods" department, etc.) are considered and counted as individual "areas" to be
			 sampled.
(2) End of aisle displays
			 may be considered as a single, distinct "area" and either verified separately
			 or included as part of one side of an aisle.
(b) The sample size (e.g., 100 items) is
			 divided by the number of "areas" to determine the number of items to be sampled
			 from each "area." Depending on the number of areas in the store, you may
			 calculate a fractional number of items per area. In this case, round off the
			 sample size and select one or two additional items from an "area" to complete
			 the full sample size of 100 items.
7.3.1.1. Example 1. Illustrations of the
			 Randomized Sampling Procedure.
(a) Figure 1
			 illustrates how the randomized sampling procedures are used in a food store.
			 This example is based on a 100-item sample. To simplify the selection process,
			 simply divide the store into 4 major "areas" and select samples as follows:
Examples:
* Select 5 items from all of the shelves and displays in the
				produce section which are grouped as a single "area,"
* Select 85 items by choosing 5 items from either side of
				several of the 13 aisles (e.g., there are 26 rows of shelves from which samples
				may be selected. To select 85 items, select 5 items from 17 of the 26 rows of
				shelves).
* Select 5 items from the counters along the back of the store,
				and
* Select 5 items from the deli-bakery and the cash register
				areas which are grouped as a single "area."
(b) Figures 2 and 3 illustrate how the
			 randomized sampling procedures may be used in any store. The examples are based
			 on a 100-item sample for stores that have a total of 30 "areas" to sample. The
			 procedure allows the flexibility needed to adjust the sample to fit the store
			 layout. To simplify the selection process, the stand-alone displays may be
			 grouped together as an "area" to be sampled.
The following breakdown of "areas" is illustrated in Figure 2;
				the same approach is used in Figure 3. Figure 4 illustrates an example of
				sampling 100 items by selecting 20 items from 5 different areas in a department
				store.
1 - All shelves and displays in the produce section are grouped
				as a single "area." 28 - The 13 aisles (26 rows of shelves), the counters along
				the back of the store, and the cash register areas are counted as
				"areas."
1 - The "end-of-aisle" displays at the front and back of the
				store are grouped as a single "area." 30 - Total "areas"
(1) To select samples from the entire store,
			 divide 100 by 30 to calculate how many "samples" to take from each "area." In
			 this example, 100
+
30 = 3.3 items per area. Rounding down to
			 3 items, take a total of 90 samples from the different "areas," then select an
			 additional one (1) item from each of 10 "areas" to obtain a sample of 100
			 items.
(2) If you round up to 4
			 items per area, you take a total of 120 samples, or
(3) You may select 10 items from 10 "areas."
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Figure 1. Illustration of the Randomized Sampling
				Procedure
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Figure 2. Illustration of the Randomized Sampling
				Procedure
(c)
			 Start in any "area" in the store at any shelf, rack, or display (top, bottom,
			 front, back; anywhere on a circular rack or display). Begin with the first,
			 second, or third item and count either 5, 10, or 15 items along the shelf
			 (varying the number of items counted depending on how many items are available
			 on the shelf) or along the aisle. Select the 5*, 10*, or 15* item as
			 appropriate (See Figures 5, 6, and 7). Only select one item from each brand or
			 product (if they are the same price) from a display that has two or more items
			 of the same product size and price displayed side by side. You can change the
			 number of items you count off as often as necessary during the
			 inspection.
(d) Either verify the
			 price with a hand-held scanning device or take the item (along with the other
			 items you select) to the check-out location to verify the price, keeping count
			 of the items using a hand counter or tally sheet. If the price of an item is
			 incorrect, record the item's name, description, and price along with other
			 information (e.g., whether the product is on sale, aisle location so you can
			 easily find the items again to verify the error, etc.).
(e) From the first item sampled, move down
			 (or up) one shelf to the item most directly below (or above) and count 5, 10,
			 or 15 items in the same direction and sample the 5 ,10 , or 15 items, as
			 appropriate. After the number of items to be verified in each "area" have been
			 selected, go to the next "area" and start on the next shelf (either down or up)
			 from where the previous sample was selected, count 5, 10, or 15 items and
			 select the appropriate item using the count system until the required number of
			 samples is selected. If you have sampled an item on the bottom (or top) shelf
			 and have more items to test in the "area," simply go up (or down) one shelf.
			 This will create a "zigzag" trail up and down the display.
NOTE: Randomness can be increased by starting on
				different shelves or at the midpoint or rear of an aisle during an inspection,
				or by starting at different locations in a store on subsequent inspections.
				Always start at a different location on subsequent inspections of a store. To
				maintain "randomness, " do not search for obvious pricing errors. If you see
				pricing errors, have them corrected. The sample should not include more than
				one of the same item from the same display. If an item is out of stock, select
				the next item.
(f)
			 This procedure is repeated for all "areas" until you complete the sample. (See
			 following Notes)
NOTE 1: Include at least 5-10 Price Look Up (PLU) and
				store-coded items in the samples. In food stores, these items do not usually
				have to be removed from the produce, bulk foods section, or deli display for
				use in this procedure. You can use a hand-held scanner or record the identity
				and item price designated at the product sales display of the items from the
				different department (produce, bakery, deli), if available, for price
				comparison through either the PLU programmed in the department's scale or at
				the point-of-sale system. Have the PL U entered in the scale (See Note 2) or
				point-of-sale system (or have "store-coded" items scanned) and record the
				price, comparing it with the displayed sale price. Record any errors (See Note
				3). When checking "store-coded" items from the meat or other departments,
				remember that a "UPC symbol" on a random weight label is read by a scanner to
				obtain the total price and identity. The price is not stored in the
				point-of-sale database, but in the memory of the prepackaging
				scale.
NOTE 2: Some scales or point-of-sale systems do not
				display or record the unit price associated with the PL U unless a weight is on
				the scale. For this type of device, a one pound standard (or 1 kg) is placed on
				the scale load-receiving element. Some systems automatically deduct tare, so
				check to make sure that this does not affect the price
				indication.
NOTE 3: When you manually enter PLU codes and find
				errors, reenter the PLU number to ensure that the error was not caused by a
				keying mistake and that the item was identified accurately.
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Figure 3. Illustration of the Randomized Sampling
				Procedure
7.3.2. Stratified Sample Collection. -
			 Stratified sample collection (i.e., selecting samples from specific merchandise
			 groups) of items on sale, specials, seasonal items, or items on end-of-aisle
			 displays) is typically used (e.g., if a store has failed an inspection based on
			 the randomized sample collection procedures) to focus on specific merchandise
			 groups that appear to have more errors than others (e.g., you find that many of
			 the errors found in the randomized sample were in "advertised specials" or with
			 "discontinued items"). You can also combine sample collection procedures by
			 using a "randomized/stratified" approach. The "stratified" approach may be used
			 the first time you inspect a store, in stores that have just implemented
			 scanning, in stores that have high error rates on particular groups of items in
			 past inspections, or in responding to consumer complaints involving a
			 particular group of items.
For stratified sample collection, items are randomly selected
				from different "merchandise groups" in a store. They are tested in the first
				stage of the two-stage manual sampling plan to determine if (1) any group has
				more errors than any other and (2) the sample taken in the first stage meets
				accuracy requirements. This method should be modified depending on the
				marketing practices of the store in which it is used (e.g., if you are in a
				department store, there may be fewer groups to sample from, or the list
				provided below may not include the types of groups typically encountered in a
				hardware superstore). The next example shows how to conduct a stratified sample
				and how it is used, but it should not be the sole basis for sample collection
				because a specific list of items does not look at the store as a whole.
				Focusing on specific merchandise groups takes time, but this may be necessary
				when investigating a complaint or following up on a prior noncompliance. Select
				only one item from each brand or product from a display that has two or more
				items of the same product, size, and price displayed side by side if they are
				the same price.
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Figure 4. Stratified Sample Collection
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Figure 5. Randomized Sample Collection
Sample Size. - In this example, a large food store is inspected
				using a two-stage sampling plan (50 items/100 total items). The inspection
				begins with an initial sample of 50 items (see Column 1. Type of Store for All
				Other Retail Stores and Column 2. Sample Sizes in Table 1).
Stratified Sample Collection. - Select 50 items from the
				merchandise groups listed below (provided as examples only; stores may have
				other groups that should be included). This procedure allows you to focus on
				specific merchandise groups to determine if errors are indeed occurring in
				groups where they are thought to occur most frequently (e.g., sale and direct
				delivery items).
7.3.2.1. Example 2.
			 Two-Stage Manual Inspection using the Stratified Sampling Procedure.
If there is an insufficient number of items in any merchandise
				group, or if the group of items is not available, increase the number of
				"randomized" items selected from the overall inspection lot to obtain a total
				of 50 items. As marketing practices evolve, these groups may change as well.
				You may substitute "other" or new merchandise groups for any of those listed
				below (e.g., you may have identified errors in the "health and beauty aids"
				section or on "manager specials" during a previous inspection, so samples from
				these groups may be substituted for any of the groups listed below). Model
				"Price Verification Tally Sheets" in Section 14. Model Forms for Price
				Verification Inspections are provided for your use with the test procedures to
				keep track of the number of items selected.
First-Stage: 50 items. - Use the "randomized" sample collection
				procedures described in 7.3.1. Randomized Sample Collection to select the
				following items. These sample collection procedures simplify the inspection
				process and ensure that samples are collected as randomly as possible.
Examples:
* Twenty-five "Regular Priced" items. Select one or two items
				at random from different shelves in each "area" or limit your sampling to
				shelves in one-half the "areas" in the store, and
* Twenty-five Items. Select a total of 25 items. Include
				several items from any of the following merchandise groups:
"Direct-Store-Delivery (DSD)" items. If the store allows
				vendors to price DSD items, include those items in the sample.
"End-of-Aisle" or "Tie-in-Display" items. This group can
				include both regular and sale-priced items.
"Advertised Sale" items. Use the store's sales brochure or
				newspaper advertisements to identify sale items.
"Special" items. This includes any item with a reduced price
				(e.g., items on "special" including "cents-off or "percentage-off items,
				2-for-the-price-of-l specials, manager and in-store specials, or discontinued
				items). Items typically discounted on a percentage basis include a
				manufacturer's product line, greeting cards, magazines, or books.
"PLU" items. This includes both regular and sale priced items
				offered in the produce, bakery, or bulk food departments and over scales at the
				direct sale counters. For direct service departments (e.g., produce, deli,
				specialty meats, etc.), select products at random (include some sale or special
				prices) and enter the code in the scale 
				[NOTE 1, page 206] to verify that the
				coded price matches the advertised price 
				[NOTE 2, page 206].
"Store-coded" items. This includes items offered in the
				produce, bakery, or meat departments that have labels with the UPC symbol
				generated by scales and printers in the store. For store-coded items, scan the
				item and determine if the total price and identity on the label are accurately
				read by the point-of-sale system. When checking "store-coded" items from the
				meat or other departments, remember that a "UPC symbol" on a random weight
				label is read by a scanner to obtain the total price and identity. The price is
				not stored in the point-of-sale database.
"Other" items. This category is included to provide flexibility
				in selecting a sample so that "seasonal" items, or products unique to the store
				or local market, can be included. Both regular and sale-priced items can be
				included in this category.
NOTE 1: Some scales or point-of-sale systems do not
				display or record the unit price associated with the PLU unless weight is on
				the scale. For these devices, a 1 lb (or 1 kg) standard is placed on the scale
				load-receiving element. Some systems automatically deduct tare, so make sure
				this does not affect the price indication.
NOTE 2: When a not-on-file item is found, another item
				is selected at random to replace it in the sample. A "not-on-file " item is not
				an error unless you determine (e.g., by conducting a test purchase or by asking
				the check-out clerk to determine the price of the item using the store's
				customary procedures) that the price "charged" for the item is incorrect. If
				the price determined is not correct, the error is included in the
				total.
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Figure 6.
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Figure 7.
Identify the item on an inspection report (e.g., record a brief
				description, item number, shelf, or advertised price and aisle location. The
				aisle location makes it easy to find the product if errors are found and to
				re-shelve the items). As items are selected, use the "Price Verification Tally
				Sheet," or other means, to keep track of the number of items collected. (See
				Section 14. Model Forms for Price Verification Inspections. The "Model Price
				Verification Reports" in this proposal were developed with the assumption that
				it is only necessary to record information of items found with price errors,
				not all items verified. This reduces paperwork and saves time.) Either use a
				hand-held scanning device or take the items to a cash register, verify the
				prices by scanning the items or entering a PLU code into the register and
				printing a receipt. The prices "charged" at the register are then compared to
				the advertised price of each item. For large or perishable items, record the
				identity, UPC Code, location, and price and manually enter the UPC number into
				the register to verify the price. However, this method is subject to recording
				and key entry errors.
Evaluation of Results on First-Stage.
See Section 9. Evaluation and Inspection Results for guidance
				on which errors are considered violations: One error in a 50-item sample is
				permitted. If not more than one error is found and verified, the store passes;
				if 3 items are found in error in the first 50 items, the store fails and the
				inspection is complete.
If two errors are found, collect 50 more items using the
				randomized sampling procedures and verify a total of 100 items. If errors were
				found in any specific merchandise group (or groups) of items (e.g.,
				direct-store-delivery items, PLU codes, or specials), the additional 50 items
				should include items from those merchandise groups.
Accuracy.
Refer to Column 4 in Table 1. Samples, Sample Collection, and
				Accuracy Requirements. The required accuracy is 98 % on the 100-item sample
				(that is, at most two errors are permitted on a 100-item sample). If more than
				two errors are found and verified, the store does not meet the accuracy
				requirement.
NOTE: The "randomized" and "stratified" sample
				collection procedures in this section are intended for use in routine
				inspections to determine how a store is maintaining price accuracy on all of
				the items it offers for sale. If you use these sampling procedures in routine
				inspections and uncover a significant number of errors in a particular
				merchandise group (e.g., a significant number of the pricing errors are found
				with "advertised sale item" items), a randomized sample can be collected
				entirely within this specific merchandise group. For example, if the error rate
				for "advertised specials" is higher than the rate for regular priced items, a
				more focused inquiry to determine if there is a significant error rate in this
				merchandise group may be justified. If several "advertised specials" have been
				the subject of consumer complaints, or if they are repeatedly found to be in
				error during routine inspections, then a randomized sample can be limited to
				the "advertised specials" merchandise group. In this case, a randomized sample
				(e.g., a 50/100 item two-stage approach) is taken from all of the "advertised
				sale items" offered for sale in the store or in a specific "area. " The results
				of this sample are applicable only to the "advertised specials " group and not
				to all items in the store.
7.4. Procedures for Test Purchases,
			 Investigation of Consumer Complaints, and for Verification of Manually Entered
			 Prices.
7.4.1. Procedure. - This procedure
			 may be used to (1) investigate consumer complaints, (2) determine if a store
			 has corrected a pricing error after being notified that an error occurred, or
			 (3) determine if manually keyed-in prices or PLU codes are accurate.
NOTE: When verifying manual price entries, store
				management is typically not notified of the test until the items have been
				totaled and the transaction completed.
(a) Do not alert the clerk to the fact that
			 the test purchase procedure is being conducted. Do not ask questions concerning
			 any errors that you observe or offer any information if asked the price of an
			 item, in cases where the item price is illegible, or where the item is not on
			 file.
(b) Use the "randomized"
			 sampling procedures to select a sample of 10 to 50 items that includes regular
			 and sale priced items, PLU items, and advertised specials from various "areas."
			 It is acceptable to purchase only one or just a few items if you are
			 investigating a complaint on a specific item. Record the name and identity of
			 the product, as well as the labeled or advertised price, for each
			 item.
(c) Proceed through a
			 check-out as if you were a customer and pay for the purchase. Obtain the
			 original sales receipt, and compare the price charged with the labeled or
			 advertised price for each item. Record the time of day, lane number, and the
			 identity of the checker. Before leaving the store, determine if any errors have
			 occurred. Identify yourself and inform the store management that a test
			 purchase was conducted and report the results. (In many instances, the store
			 will credit back all of the items and refund the test purchase money.) Record
			 the information on the test report form and determine the cause of the error
			 (e.g., operator error, mislabeling, or incorrect price sign).
7.4.2. Alternative Procedure -
			 Consumer Complaints. - Complaints can be investigated by using any of the test
			 procedures described above or by verifying only the price of the item or items
			 subject to the complaint. If the complaint is valid, you can limit your
			 inspection to the items described in the complaint or you may conduct a
			 complete inspection.
7.4.3.
			 Evaluation of Results. - The errors for items verified using these procedures
			 should be evaluated according to Sections 9. Evaluation of Inspection Results
			 and 10. Accuracy Requirements.
Section 8. Documentation of Findings Several
			 examples of Model Price Verification Reports are contained in pages 214 to 219.
			 These forms were developed so that you only have to record the items found with
			 price errors.
(a) Record errors and provide
			 information on the cause, if determined. Indicate if the errors are considered
			 to be violations, if stop-sale orders were issued, or if the violation was
			 corrected.
(b) Notices of
			 violations or other significant comments (e.g., warnings or violations ordered
			 corrected) should always be included on the test form.
(c) Cash register receipts on verified items
			 should be retained and attached to the inspection report as evidence.
(d) Printed advertisements and sales flyers
			 should be retained and attached to the inspection report when errors are found
			 in these categories.
Section
			 9. Evaluation of Inspection Results
9.1. Definition of Errors. - An error found
			 to result from any of the following causes should not be considered a violation
			 for enforcement purposes:
(a) An intentional
			 undercharge if documentation or confirmation of the date and time of the price
			 change is provided at the time of the inspection.
(b) An error caused by a mistake made in any
			 kind of advertisement (e.g., newspaper, printed brochure, or radio or
			 television advertisement) if the store has placed a notice adjacent to the item
			 indicating that a mistake occurred in the advertisement.
(c) An error obviously caused by a price
			 label that is missing or that has fallen off the shelf, or the item or the
			 price label or sign has obviously been relocated by an unauthorized
			 person.
(d) A "not-on-file" item is
			 not an error unless you determine that the price "charged" for the item is
			 incorrect (e.g., by conducting a test purchase or by asking the check-out clerk
			 to determine the price of the item using the store's documented or customary
			 procedures. If the price determined is incorrect, it is considered an error.)
NOTE: It is recommended that you work with the store
				representative to identify the cause of any error and note the problem/cause on
				the report. This may not change your findings, but will help to identify
				problems related to
staff errors, failure to follow through on established
				store pricing procedures, data entry errors, or failure of management to
				provide correct written data, etc. The supporting information will help with
				enforcement decisions as well as in-house monitoring of product
				pricing.
9.2. Computing Sample Errors. - The following
			 formulas are used to determine sample error and the overcharge to undercharge
			 ratio:
(a) Adjust the total sample by
			 subtracting any items or errors specified in 9.1. Definition of
			 Errors.
(b) To compute the sample
			 error, divide the number of errors by the total sample size to obtain the error
			 in percent.
For example: a sample of 100 items is verified; 3 overcharges
				and 1 undercharge are found for a total of 4 errors:
4 ÷ 100 = 4 % sample error.
(c) To compute the ratio of overcharges to
			 undercharges (used on large samples and in follow-up activities), total the
			 overcharges/undercharges and compare the numbers:
3 overcharges/1 undercharge = a 3 to 1 ratio.
Section 10.
			 Accuracy Requirements
10.1. Accuracy
			 Requirements. - Accuracy information, based on a percentage of errors found in
			 a sample and the ratio of overcharges to undercharges, constitutes useful
			 criteria for evaluating the "pricing integrity" of the store. Both overcharges
			 and undercharges should be considered as errors in taking lower level
			 enforcement actions since (1) either type of error misrepresents the price of
			 the item; and (2) the occurrence of any error in a randomized sample may
			 indicate poor pricing practices that would result in errors where additional
			 items were sampled. For higher levels of enforcement only overcharges are
			 considered.
10.2.
Accuracy.
			 - The accuracy requirement for a sample must be 98 % or higher to "pass" a
			 single inspection. See Column 4, Accuracy Requirements, in Table 1. Samples,
			 Sample Collection, and Accuracy Requirements.
10.3.
Ratio of Overcharges to
			 Undercharges. - With large sample sizes, overcharges should not exceed the
			 undercharges. A high rate of overcharges to undercharges (2 to 1, or 3 to 1)
			 may indicate systematic problems with a store's pricing practices.
NOTE: As the history of store compliance develops, the
				number of overcharges and undercharges may be evaluated to determine if
				systematic errors or other problems exist. This ratio should be maintained when
				at least 10 errors are found over several inspections, or in a single large
				sample size (e.g., the results of several 100-item inspections collected over a
				period of time or if 1000 items are sampled in one inspection.)
Table 2. Price Errors (This table shows the percentage of
				errors in different sample sizes)
Percentage of Errors Sample Size
No. of Errors
25
50
100
150
200
300
1
4%
2%
1%
0.67 %
0.50 %
0.33 %
2
8%
4%
2%
1.33 %
1.00 %
0.67 %
3
12%
6%
3%
2.00 %
1.50 %
1.00 %
4
16%
8%
4%
2.67 %
2.00 %
1.33 %
5
20%
10%
5%
3.33 %
2.50 %
1.67 %
6
24%
12%
6%
4.00 %
3.00 %
2.00 %
7
28%
14%
7%
4.67 %
3.50 %
2.33 %
8
32%
16%
8%
5.33 %
4.00 %
2.67 %
9
36%
18%
9%
6.00 %
4.50 %
3.00 %
10
40%
20%
10%
6.67 %
5.00 %
3.33 %
NOTE: Random pricing errors are to be expected, but the
				ratio of overcharges to undercharges will rarely be exactly 1 to 1 (e.g., of 10
				errors, 5 overcharges and 5 undercharges); the ratio will likely vary both ways
				over several inspections. If a store has more overcharges than undercharges
				(e.g., 2 to 1, or 3 to 1), it may indicate that the store is not following good
				pricing practices, but enough errors must be present in order to make this
				determination. (Consider the example of 12 pricing errors consisting of 8
				overcharges and 4 undercharges: the ratio of overcharges to undercharges is 2
				to 1. Similarly, 10 pricing errors consisting of 6 overcharges and 4
				undercharges correspond to a ratio of 1.5 to 1; since all decimal values are
				truncated to whole numbers, 1.5 is truncated to 1, and the ratio becomes 1 to
				1.)
The one-to-one ratio should be applied to any sample
				size if at least 10 errors are present. For example, if 1000 items are verified
				and 10 items are found in error, the sample has an accuracy of 99 %. However,
				if 9 of the 10 errors are overcharges (i.e., a ratio of 9 overcharges to 1
				undercharge), the store should be considered to have poor pricing practices or
				other problems; if 100 items are verified and a 90% accuracy is found, 10 items
				in error not meeting the overcharge to undercharge ratio can be used in
				enforcement action as evidence of poor pricing practices.
Section 11. Enforcement
			 Procedures
11.1. Enforcement Steps.
(a) Compliance is based on the accuracy found
			 on a sample collected according to this procedure.
(b) Errors should be corrected immediately,
			 or if the correction cannot be made immediately, a stop-sale order shall be
			 issued before you leave the business. If the errors are not corrected in your
			 presence, a follow-up inspection may be made later in the day or the following
			 day to ensure the store has corrected the error. If a store fails to correct
			 the error by that time, higher level enforcement action should be taken.
(c) Enforcement action for large
			 monetary errors on individual items, confirmed overcharges on items verified in
			 response to complaints, or errors found on follow-up inspection of items
			 ordered corrected, should be taken independently from any sample, giving
			 consideration to the magnitude of the violation, corrective action by the
			 establishment, and any other relevant information. Action may be initiated at
			 any time in the inspection process based on the facts of the individual
			 case.
(d) Overcharges and
			 undercharges are used to determine lower levels of enforcement actions, but
			 higher levels of enforcement action (e.g., fines or penalties) are taken only
			 on the overcharges found in the sample.
(Amended 2001)
NOTE: Many computer systems do not allow for the
				immediate correction of errors in the database. Downloading information
				throughout the day may not be possible. Therefore, for the purposes of this
				section, "immediate" correction of errors may entail the removal or correction
				of problem signs, manually changing marked prices, or communicating notice of
				the corrected price to all applicable stores through facsimile, e-mail, or any
				other appropriate medium to ensure that consumers are charged the correct
				price.
11.2. Model Enforcement Levels.
These recommendations do not modify the enforcement
				policy of any jurisdiction unless adopted by that jurisdiction.
(a) Ninety-Eight Percent or Higher. - If
			 price accuracy is 98 % or higher on a sample of 50 or more items, and if
			 overcharges do not exceed undercharges on sample sizes of 100 or more items,
			 and the store is on a normal inspection frequency:
(1) a notice of noncompliance is issued on
			 violations, and the store is maintained on a normal inspection frequency;
			 or
(2) if the store is on increased
			 inspection frequency, it remains on this frequency until inspection results
			 conform to Terms of Increased Inspection Frequency.
(b) Less Than 98 Percent. - If price accuracy
			 is less than 98 % on a sample of 50 or more items and if overcharges do not
			 exceed undercharges on large sample sizes, and the store is on normal
			 inspection frequency:
(1) A notice of
			 noncompliance is issued and the store is placed on an increased inspection
			 frequency.
(2) A second inspection
			 should be conducted within 30 business days. If the price accuracy then is not
			 98 % or higher, a warning is issued.
(3) A third inspection should be made within
			 60 business days. If the price accuracy is again less than 98 %, higher level
			 enforcement action should be taken.
(Amended 2001)
If the store is on increased inspection frequency, a warning
				should be issued and the store re-inspected within 30 business days. If price
				accuracy is less than 98 %, higher levels of enforcement action should be
				taken.
(Amended 2001)
Examples for the 100-item sample size:
* If 100 items are verified and 3 overcharges are found in the
				sample, the error rate is 3 %. In this example, higher levels of enforcement
				action should be taken.
* If 100 items are verified and 3 overcharges and 2
				undercharges are found, the error rate on the sample is 5 %, but overcharges
				are 3 %. In this example, higher levels of enforcement action should be
				taken.
* If 100 items are verified and 2 overcharges and 3
				undercharges are found, the error rate is still 5 %, but overcharges are only 2
				% of the sample. In this example, a lower level enforcement action would be
				taken.
(c) Terms
			 of Increased Inspection Frequency. - When a store is on increased inspection
			 frequency, it shall remain at that frequency until two consecutive inspections
			 reveal an accuracy of 98 % or higher.
(d) Higher Levels of Enforcement Action. -
			 Overcharges and undercharges are used to determine lower levels of enforcement
			 actions, but higher levels of enforcement action (e.g., fines or penalties) are
			 taken only on overcharges. A store's history of error rates, the time it takes
			 a store to correct the errors, the difference in inaccuracy rates found between
			 "regular" and "sale" priced items, the ratio of overcharges to undercharges, a
			 record of valid consumer complaints, and the magnitude of the error(s) may be
			 used to support enforcement action.
Section 12. Post-Inspection Tasks
(a) You should meet with the store
			 representative to review your findings. Have the inspection report completed
			 prior to the meeting and be prepared to briefly summarize your findings and
			 recommended actions, and provide a copy to the store representative.
(b) Return borrowed safety, sanitation,
			 and/or test equipment.
(c) If you
			 removed items from display, ensure that the items are returned to their proper
			 location on the store shelves unless the representative requests to have the
			 items returned by a store employee, which is permitted.
(d) Advise the representative of your
			 findings. Explain any violations and errors. Explain any orders issued and be
			 sure the individual acknowledges understanding of what corrective action is
			 expected, if any.
(e) If necessary,
			 describe the implications of the inspection results and advise the store of the
			 action that you intend to take. If an increased inspection frequency is called
			 for due to the accuracy level found during the inspection, advise the firm that
			 re-inspections will be made, but do not indicate when they may occur.
Section 13. Supervisory Activities
13.1. Baseline Surveys. - Price verification
			 programs require management support so that the program's objectives and
			 desired benefits can be incorporated into the enforcement agency's work plans
			 and budget. Surveys to measure pre- and post-implementation accuracy should be
			 used to establish a base from which to measure whether a cost/benefit has been
			 obtained.
13.2. Follow-up
			 Inspections. - Inspections that reveal errors exceeding the accuracy
			 requirements recommended above must include follow-up action to ensure that the
			 store fulfills it obligations regarding accurate prices.
13.3. Management Information Systems. - To
			 ensure adequate control and follow-up, a database should be established in each
			 jurisdiction to provide information on every store, including:
For stores:
For program review:
* store name
* total number of undercharges
* address
* total dollar value of undercharges
* telephone
* average dollar value of undercharges
* type of store
* percent undercharges of total
* frequency of inspection
* ratio of overcharges to undercharges
* sample size
* total error in percent
* accuracy
* accuracy levels of stores
* number of overcharges
* store type
* dollar value of overcharges
* total stores tested
* number of undercharges
* total stores tested (each type)
* dollar value of undercharges
* total items tested
* average money value of undercharges
* total number of overcharges
* ratio of overcharges to undercharges
* total dollar value of overcharges
* average dollar value of overcharges
* percent of overcharges of total
Section
			 14. Model Forms for Price Verification Inspections These models
			 can be used to develop formal report forms, or they can be copied and used as
			 worksheets for conducting inspections:
(a)
			 Sample Tally Sheets: These forms can help you keep track of the number of items
			 verified. They provide spaces to record the item's display location (e.g.,
			 aisle or department), a description of the item, and the shelf or advertised
			 price. The worksheets are set up for the stratified sample collection described
			 above to help identify the types of products to select.
(1) Price Verification Tally Sheet - Food
			 Stores. (Seepage 215.)
(2) Price
			 Verification Tally Sheet - Department Stores. (See page 216.)
(b) Model Inspection Form I: This
			 can be used to document violations and record findings. A completed sample is
			 provided.
(1) Price Verification Report I -
			 sample blank form. (Seepage 217.)
(2) Price Verification Report I - completed
			 sample form. (See page 218.)
(c) Model Inspection Form II: This can be
			 used in stores where a hand-held scanning device is not available, or when it
			 is inconvenient to take items (e.g., a large ladder in a hardware store) to a
			 check-out register to verify the price. You can record an identity, the UPC or
			 PLU code, and advertised price so that you can manually enter the codes to
			 verify the price. The form can also be used to record findings. A completed
			 sample is provided.
(1) Price Verification
			 Report II - sample blank form. (Seepage 219.)
(2) Price Verification Report II - completed
			 sample form. (See page 220.)
Price Verification Tally Sheet - Food Stores
"End of Aisle" or "Tie-In Display"
Item
1.
2. 3. 4.
5.
Location
1.
2. 3. 4.
5.
UPC/Identity
1.
2. 3. 4.
5.
Shelf Price
1.
2. 3. 4.
5.
"PLU or Coded" Items
6. 7. 8. 9. 10.
6. 7. 8. 9. 10.
6. 7. 8. 9. 10.
6. 7. 8. 9. 10.
"Advertised Sale" Items
11. 12. 13. 14. 15. 16. 17. 18. 19. 20.
11. 12. 13. 14. 15. 16. 17. 18. 19. 20.
11. 12. 13. 14. 15. 16. 17. 18. 19. 20.
11. 12. 13. 14. 15. 16. 17. 18. 19. 20.
Items on "Special"
21.
22. 23. 24.
25.
21.
22. 23. 24.
25.
21.
22. 23. 24.
25.
21.
22. 23. 24.
25.
"Direct Store Delivery" Items
26. 27. 28. 29. 30.
26. 27. 28. 29. 30.
26. 27. 28. 29. 30.
26. 27. 28. 29. 30.
"Randomly Selected" Items
31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44.
						  45. 46. 47. 48. 49. 50.
31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44.
						  45. 46. 47. 48. 49. 50.
31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44.
						  45. 46. 47. 48. 49. 50.
31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44.
						  45. 46. 47. 48. 49. 50.
Price Verification Tally Sheet - Department Stores
"End of Aisle" or "Tie-In Display"
Identity
1.
2. 3. 4.
5.
Location
1.
2. 3. 4.
5.
Advertised
1.
2. 3. 4.
5.
"Advertised Sale" Items
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Items on "Special"
16.
17. 18. 19.
20. 21.
22. 23. 24.
25.
16.
17. 18. 19.
20. 21.
22. 23. 24.
25.
16.
17. 18. 19.
20. 21.
22. 23. 24.
25.
"Randomly Selected" Items
26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39.
						  40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50.
26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39.
						  40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50.
26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39.
						  40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50.
Price Verification Report I
Click
				here to view image
Price Verification Report I (completed sample)
Click
				here to view image
Price Verification Report II
Click
				here to view image
Price Verification Report II (completed sample)
Click
				here to view image
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.
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.
2.1.5. Weight: Primary Mill Paper.
			 (L&R, 1990, p. 81)
Interpretation
Nonconsumer 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 nonconsumer 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.
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 75 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 
				4/5of 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.
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.
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.
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, etc.). 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.
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.
(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
				needlecrafters, 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.
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 °C (40 °F) 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 °F (4 °C) 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 °F (20 °C).
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
			 °F (20 °C) 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 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
Before a product may be marketed, its label must be examined
				and approved by FSIS staff specialists.
Food manufacturers submit over 100 000 labels a year for agency
				review. Label approval applications must include the product name, formula,
				method of preparation, type of container, and how the label is to be
				used.
A number of labeling regulations apply across-the-board to all
				meat and poultry products. These include: appropriate product name;
				ingredients, listed from most to least, by weight in the product recipe; net
				quantity of the package contents; name and address of the manufacturer, packer,
				or distributor; the USDA mark of inspection; and any special care or handling
				instructions, such as "keep refrigerated." In addition, label photographs or
				artwork depicting a product must not be misleading.
To assure consumers that the names of meat and poultry products
				accurately reflect the contents of these products, label reviewers evaluate
				product formulas and methods of preparation by comparing them with official
				standards in the meat and poultry inspection regulations. Because unpublished
				standards are used to evaluate some products, FSIS labeling policies also
				provide guidance.
Sometimes, no standard exists for a certain product. In these
				cases, a manufacturer can either give the product a "descriptive" name, such as
				"Chopped and Formed Cured Pork Product," or use a "fanciful" name accompanied
				by a descriptive name-"Breakfast Strips: Chopped and Formed Cured Pork
				Product." A manufacturer may also submit a proposal to FSIS requesting a
				standard for the product.
Why You Should Know About Content and Labeling
				Requirements
For Meat and Poultry Products
(e) (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.
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,
				noncomparable 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)
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
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, brussels
						  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 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.
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.
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
Wi
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. . ."
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.
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.
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.
Plan For NCWM Resolution of Individual Requests For
				Recognition of Moisture Loss
Click
				here to view image
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 inch-pound 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) x 3.785 =
				(equivalent unit price per gallon, rounded to the nearest Vio 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 Vio 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;
(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:
27.10 per liter = $1,026 per gallon
3.785 liters = 1 gallon
c. Letters and numerals should be at least
Va
in (19 mm) in height and Vs 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
				99.90 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.
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,
andWV)
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 2896 Federal Building 915
						  Second Avenue 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, andUT)
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, andUT)
Federal Trade Commission 10877 Wilshire Boulevard Suite
						  700 Los Angeles, CA 90024
(877) 382-4357
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.
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 7CFR 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 USD A 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
				http://www.nist.gOv/pml/wmd/index.cfm//www.nist.gov/owm.
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 are 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).