Spotlighto nWeights & Measures Newsletter

First Quarter 2010

Cathy V. NevilleAgricultural Commissioner/Sealer Editor Fernando Vasquez

Mark HansonChief Deputy Sealer

What’s New...

International VisitorOn April 19 and 20, 2010, the Sonoma County Weights and Measures Division will host Mr. Ian Turner, the Sealer of Weights and Measures from Bedfordshire, United Kingdom. Mr. Turner will be touring several counties in California, and the Division of Measurement Standards (DMS) in Sacramento as part of a research project to compare operations between California and the European Union.

Mr. Turner is a recognized expert in several technical disciplines, including type approval of advanced measuring devices. One of his current projects is developing standards for remote transmission of utility meter readings, what we call “smart meters”. Another area he is interested in is studying California field operations for the quantity control program and our point of sale inspection program, which is currently being considered in Europe.

We wish to extend a warm welcome to Mr. Ian Turner.

Weights and Measures Week 2010Weights and Measures Week was celebrated March 1-7, 2010. The week recognizes what our staff does every day of the year – promote equity in the marketplace by fairly applying the standards of weights and measures in commercial transactions. Our outreach effort included an appearance on Sonoma County Today, the county’s community access program. The audience had a chance to see test equipment we use to certify fuel pumps, a variety of scales, and collect bar codes for the price verification program.

Spotlight on Weights & Measures ~First Quarter 2010

New Year, New Challenges on the Horizon

Over the years the personnel at the local Weights and Measures Division has changed but the core principles of the Division have not. Since 1916, Sonoma County Weights and Measures officials have assisted in defending the principles of the free market in Sonoma County. By enforcing fair competition among sellers and enforcing transparency in commercial transactions between involved parties, Sonoma County consumers have been able to make effective value comparison between products and services available to them. All this is carried out by the Division in an effort to convey a sense of confidence in the commerce that is being carried out in Sonoma County.

Over the years the interactions between buyer and seller in how we purchase commodities, like cuts of meats at the local grocer to gasoline to fill up the family car, have changed very little. What has changed is really behind the scenes - as mechanical devices have given way to digital ones and manual pricing transactions have been pushed aside by automated laser scanners. Even paper cash has evolved into a paperless form by way of the “automatic teller machine” card (ATM card). Even this simple transition of cash transactions affects whether you as a consumer are charged the cash or credit price for fuel, or charged a “service fee” for the convenience of using the card at the local fuel station.

Our consumer driven economy has forced businesses, through competition, to develop and expand their business models. Today large chain stores carry out business on a multi-state or national level. This expansion has forced retailers to adopt improvements in technology that allow them to better manage their inventories, product pricing practices, and interactions with their customers. Businesses, forced to compete for customers, have responded by automating their “check out” procedures to expedite the time a customer stands in line to pay for items.

The Universal Price Code (U.P.C.) and laser scanner have revolutionized the retail sector. The computer arrived, hand in hand with databases large enough to manage mass product information. Soon thereafter came the “club card” which allows retailers to offer discounts and incentives to their patrons. It also allows retailers to catalog what products are selling in what regions and to what types of customers. This new technology allows retailers the ability to change prices at the blink of an eye. A large retailer may be able to offer a discounted price for a product at the national level and if that price is incorrect, the potential for consumer harm is enormous. Even though the technology speeds up and organizes all this information, behind the scenes people are still entering in the data manually, the old-fashioned way - a process, as we all know, that is still prone to mistakes.

Here are just a few of the challenges Sonoma County Weights and Measures Division faces in the coming years:

Fresh water is becoming expensive due to the increase in demand as well as an increase in the expense of treating used water. Weights and Measures officials become involved when water is metered and sold to customers (i.e. a landlord and tenant situation). Many leased business locations, mobile home parks, apartments, and even condominiums sell water to their tenants. Landlords purchase the water from the local water municipality and they receive a bill for the total water use depending on the property size. The bills can reach into the thousands or tens of thousands of dollars in a single month.

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First Quarter 2010 ~ Spotlight on Weights & Measures

New Year... (cont.)

As prices have increased, landlords can no longer afford to offer water use included as part of the rental agreement. Many of them have turned to metering their tenant’s true water use in an effort to accurately and fairly recover their water costs. Many of these landlords have moved forward with installations which, in some circumstances, have bypassed the state and the county regulatory requirements that require registration, certification and proper installation of these devices.

No single state-wide agency regulates the price of resold water, nor is there a state law that regulates water as a utility, as there is with the California Public Utilities Code (C.P.U.C.) which deals with electricity and natural gas. Water agencies that supply water to certain landlords have prohibitions against reselling water at a profit. These agencies are hesitant to get involved with landlord-tenant issues related to water charges. This is where local Weights and Measures officials get involved. Some of these landlords charge their own water rates based on their own calculations and estimates of water consumption. Some of these calculations are based on the square footage of the rental space, the number of renters, the gallons of “hot water” used and the type of business that may be renting the location. Rising water rates have compelled landlords to install water sub-meters in order to more accurately and fairly charge for water consumption.

• Pressures on oil consumption and fuel prices have spurred an interest in alternative fuels. Fuels such as BIO-diesel made from non-petroleum based sources, ethanol such as E-85 and hydrogen are making their way to the mass market. Weights and Measures officials at the state level deal with formulating and adopting fuel specification and testing requirements while county officials are responsible for testing and enforcing those requirements. The issue of temperature compensating petroleum dispensers has also surfaced as fuel prices have increased causing consumer action groups to demand the implementation of temperature compensation at the retail level. Retrofitting old dispensers and the time required to carry out these inspections will increase the cost to all parties involved.

• The proliferation of unapproved software applications has also mushroomed into a hot topic. Businesses are employing programmers to integrate commercial devices (such as scales) to a database price file and a point of sale system that determines a product’s price. These commercial systems may suit the business’ needs but many business owners are not aware that this practice has to undergo approval by California’s Type Evaluation Program administered by the Division of Measurement Standards. All commercial applications that affect a device’s metrology (standard of calibration) must undergo certification, and that includes networked software.

Spotlight on Weights & Measures ~First Quarter 2010

How Does It Work? Platform scales have been used in commercial applications for the greater part of the last century. Today they can still be found in use throughout the county in several commercial applications. Platform scales are typically constructed of solid steel and work on the single lever principle as demonstrated in Diagram A.

Diagram A

Diagram BDiagram B demonstrates how a typical platform scale works. A load force is applied in a downward direction as indicated by arrow “A”. This force supported by the floating platform that is represented below arrow “B”. This plaweighbridge. The weighbridge translates the downward force through a link where arrow “B” and “C” connect. This linkage is known as the steelyard rod. This steelyard rod is tied to a weigh beam as indicated by the union of arrows marked “C” and “D”. The beam is marked by weight representations which indicate the load on the platform when the poise weight is slid across the beam to a balanced condition.

i s the tform straddles a mechanism known as

A second way of indicating the weight on the platform is through the counter poise weight as indicated by position “E”. The lever system of this scale works in ratios and typically a one hundred pound load on the platform is counter balanced by a one pound counter weight placed on the counter poise at position “E”. Counter weights expand the capacity of the beam and allow you to balance the scale and make an accurate reading on heavier loads placed on the platform.

Weights & Measures Humor... 1,000 cubic centimeters of wet socks? = 1 liter-hosen•

Time it takes to sail 220 yards at 1 nautical mile per hour? = knot-furlong•

2,000 mockingbirds? = 2 kilo-mockingbirds•

1,000 aches? = 1 kilo-hurtz•

First Quarter 2010 ~ Spotlight on Weights & Measures

Cash For Gold As the economic downturn puts more financial pressure on families and individuals, you may be tempted to sell your old gold jewelry or scrap gold to the businesses that you see advertising on television. These “cash for gold” advertisements claim that all you have to do is gather up your unwanted gold jewelry and convert it to cash by mailing it to one of their processing center. Once the dealer receives your gold they will determine its value and immediately mail you a check for the amount. That’s what the commercial promises, anyway. With current gold prices hovering above $1,000 per ounce, you may be tempted to sell your gold, but before you mail in your gold chains here is some good advice to follow - if your jewelry contains any precious stones, first have the piece appraised at one or more Better Business Bureau-accredited jewelers or any lab certified by the American Gemological Society. Gold buying dealers are interested in the gold of your jewelry so don’t miss out on the value of any of the stones your jewelry may contain.

The gold value of your jewelry can be determined by taking the weight of the gold you are selling minus the cost of refining plus any profit the buyer may charge. Typically the amount of gold in your jewelry is identified by a “karats” value stamped on the piece, usually in an obscure location such as the inside of your ring band. Pure gold is rated at 24 karats but is too soft to be worked in to durable jewelry. A jewelry piece rated at 12 karats would be composed of 50% pure gold.

In today’s prices one ounce of refined gold is valued over $1,000. If you have a ring that is rated as 12 karats, and it’s its gold content is rated at one ounce, it may be worth as much as $500. You may not get this amount with gold dealers and most of them will pay 40 to 95 percent of the current gold price. It pays to shop around and have an idea of what your items are really worth in the current market. Before you sell them get a couple of estimates at jewelry stores, pawn shops or even online.

Gold parties and gold seminars are also becoming popular. Gold parties are held by individuals who invite friends and neighbors over to their home and sell their gold to a dealer invited to the event. The party’s host gets a commission on any sales made to the dealer. These types of events may work out best if you have broken or unwanted jewelry that may cost you more to repair then the item may be worth. Vintage or estate jewelry may be worth more as a unique “as is” item.

If you attend a gold party or a gold buying event, make sure that the scale being used to determine the value of your gold is registered and certified with the local county Weights and Measures Division. You can determined this by observing a current county “star burst” seal on the scale or by calling your local Weights and Measures office at the phone number found at the beginning of this newsletter.

Remember that precious metal and stones are measured in Troy Ounces, which is 10% heavier than a customary avoirdupois ounce. If the weight is calculated in grams, 31.10 grams equals one Troy Ounce.

Spotlight on Weights & Measures ~First Quarter 2010

Consumer CornerDo you ever have intriguing or obscure questions about retail practices? Did you know that many of those questions are related to Weights and Measures enforcement? Below you will find a vareity of consumer questions most often ut never asked. wondered about b

Q: My local store is called the “99 Cent Store” but they sell items that are more then 99 cents. Is this legal?

A: The store’s name and the prices the business charges for its items are two different issues. A store can decide to call itself the penny store or the dollar store and sell their items at the prices they deem appropriate as long as they price their items correctly and charge you the correct advertised or shelf price. Misleading or enticing the public into believing that everything sold at the store is sold at 99 cents when that is not the case would be considered a violation of the law.

Q: A furniture store in my neighborhood displays a big sign indicating it is going out of business, yet never seems to go out of business. Is this a legal advertisement practice?

A: Misleading and enticing the public under false pretenses is considered illegal and can be charged as a misdemeanor. A business that attempts to entice customers in to their place of business by purposely misleading them is against the law and the business can be charged with unlawful business practices.

Q: What obligations under the law does a retailer have in honoring returned items?

A: The law indicates that the common consumer expectation is for a store to provide a refund, credit or exchange if the customer returns the product within seven days with proof of purchase. If a retailer selling to California customers has a return policy that differs from this standard, they must disclose it. If no return policy is posted, the standard policy should apply.

If a retailer has a return policy that has additional conditions, such as charging restocking fees, or requiring the customer to bring back the product in the original packaging, they must conspicuously display their “nonstandard” return policy. Return policies with extra conditions or fees have to be posted prominently in at least one of the following places: on signs by entrances, on signs at cash registers, product tags; or on order forms. There are exceptions for merchandise that is not returnable. Retailers do not have to offer refunds or exchanges for perishable items like food, flowers, and plants. Other exceptions are goods damaged by the customer, goods sold

with warnings such as “as is” or “all sales final,” and goods that can’t be returned for health considerations.

If a retailer violates the law on retail returns and refuses to accept a return or imposes hidden fees, they can be liable to the customer, in a civil court action such as small claims court, for at least the price of the goods. According to the California Department Consumer Affairs, the customer must return or try to return the merchandise within 30 days of purchase before filing a claim.

Q: Are retailers allowed to advertise reduced prices for products through mail-in rebate discounts when the actual savings may not be realized for several weeks or months?

A: No current law exists that prevents a retailer from advertising a reduced price through the use of mail-in rebates. The retailer offering the product and the rebate must be clear in their advertisement that conditions must be met to receive the discounted price. In the State of California the practice is permissible and is not considered to be misleading or deceptive in nature as long as the customer is clearly informed of the conditions that need to be fulfilled in order to receive the discount. The practice is commonly found in the electronic retail businesses. Why do retailers offer rebates instead of simply reducing the price at the point of purchase? Marketing research has discovered that not all customers take the extra steps to complete the rebate process thus leaving the unclaimed money with the retailers. Estimates indicate that consumers follow through on only 50 to 70% of rebates. Retailers use the discount rebate practice to stimulate sale for particular products for particular times.

Q: What is meant by Octane?

A: The ‘Antiknock Index’, commonly referred to as ‘Octane’, is a measure of a gasoline’s ability to resist pre-ignition or engine knock. The Antiknock Index posted at the retail pump, such as 87 Octane, is the result of a formula which most closely depicts the average receptivity of the gasoline to engine knock. This average is displayed on the gasoline pump with a sticker showing (R+M)/2 Method.

The ‘Research Octane Number’, or ‘R’ in the equation, is a measure of the gasoline’s ability to resist knock at low speed under relatively mild operating conditions, such as city driving. The ‘Motor Octane Number’, or ‘M’ in the equation, is a measure of the gasoline’s ability to resist knock at high speeds and under severe operating conditions, such as towing a boat or climbing steep hills. The average of these two numbers defines how well the gasoline will resist engine knock under most conditions.

First Quarter 2010 ~ Spotlight on Weights & Measures

Consumer Corner (cont.) Q: What is Reformulated Gasoline?

A: The Clean Air Act of 1990 identified specific areas in the United States with higher concentrations of air pollutants. To improve air quality, the Environmental Protection Agency (EPA) mandated certain areas would require Reformulated Gasoline (RFG). RFG is gasoline which has been specifically manufactured to reduce undesirable emissions from vehicles. RFG must meet more stringent specifications compared to conventional gasoline (non-RFG). These more stringent specifications, which also require the addition of oxygenates to the gasoline blend, reduce air pollutants from vehicles. The oxygenates provide additional oxygen in the combustion chamber and thereby result in a more complete combustion of the gasoline.

Q: How tall is a horse that measures 16.2 hands?

A: Weighing and measuring applications are found throughout history and were initially established through the use of some acceptable standard such as the length of a king’s hand or foot. A variation of these measurements is still used today when speaking of a horse’s height.

Horses and ponies are measured from the ground to the withers and are measured in “hands”. The reason for this is that originally horses were measured by the width of a person’s hand, which was approximately 4 inches. By placing

ione hand on the ground, the other above it and moving the first hand over the second the horse could be measured. The

iterm used for height is “hands high” or “hh”. Often the height is just over a number of hands e.g. 16 hands and 2 inches and the height is referred to as 16.2 hh.

Q: Can a retail service station charge me a “fee” for the use of a credit card or an ATM and what kinds of fees are allowed under California laws?

A: The state of California considers an “automatic teller machine” card or an ATM card to be a “cash” instrument and the customer purchasing fuel or any other commodity must be given the “cash” price when using an ATM card. Because the retailer may be charged a service fee from the bank that ssued the ATM card, regulators have allowed the retailers to

pass on those fees to their customers as long as the customer s made aware of this prior to the purchase of any product.

Credit card purchases are treated differently in that they are not considered “cash” transaction. The State of California currently prohibits retailers from charging higher prices for any credit purchase or charging any fee based on the sole use of a credit card. What you typically see at gasoline stations is the posting of gasoline prices which are considered their regular prices and then post the “discount prices” if “cash” is used in to purchase the fuel. Can this be interpreted as a roundabout way of charging a higher price for credit purchases or is it really a discount for the use of cash? The answer is in the eye of the beholder.

As technologies grow, new challenges present themselves. As a consumer you should be aware that some banks issued ATM cards that can also be used as a credit card. If you use this type of card at a gasoline dispenser you need to be sure you are getting the correct price for your purchase choice. Make sure that the dispenser allows you to make the selection of whether you will use the cash or credit feature of your card.

Spotlight on Weights & Measures ~First Quarter 2010

DevicesQ: How do you test vehicle scales and what are the tolerances allowed for these types of scales?

Currently Weights and Measures officials inspect over 112 vehicle scales found in our county. These scales are used to weight everything from grapes, soil, rock, sand, gravel, and animal feed products - to name just a few. Typical vehicle scales can weigh up to 100,000 pounds but because the Vehicle Code prohibits vehicles weighing in excess of 80,000 pounds from traveling on public roads, businesses typically use them in the range of 60,000 to 80,000 pounds.

Vehicles used in the rock-sand-gravel industry are routinely loaded to the 80,000 pound limit. That’s over 26½ times heavier than the 3,000 pounds of your vehicle. Keep this in mind the next time you find yourself in the blind section of a gravel truck on Highway 101.

Weights and Measures Inspectors use what is known as a “rolling standard” to test and certify the accuracy of these scales. A rolling standard consists of a tractor-trailer combination loaded with weight standards in the form of 1,000 pound blocks of cast iron. The Division’s current rolling standard weights approximately 62,600 pounds. For simplicity, the vehicle’s gross weight is kept at a predetermined value. The tractor is maintained at 35,800 pounds and the trailer is maintained at 26,500

pounds. Because the vehicles weight can change as tire tread is removed through normal wear and liquids such as wiper fluid or leaking oils are consumed, the vehicle’s tare weight may change. Because of this, care is taken to keep the weight of the vehicle consistent. Several times a year Weights and Measures Inspectors recertify the weight of the vehicle.

The only variable that should change from one inspection to the next is the vehicle’s fuel level which changes the gross weight of the vehicle throughout the day’s drive. This is overcome by using a calibrated fuel tank that indicates the vehicle’s fuel level in pound equivalents. This level has been pre-marked and 50 gallons in the tank would indicate a fuel weight of 354 pounds. This weight is added to the overall weight of the vehicle and that is how we determine the vehicle’s total weight before inspecting a scale.

Because vehicle scales have sections, and are really a combination of scales that sum a combined weight, they are checked in sections. At around 35,000 pounds of test weight the allowable error is 80 lbs or 0.22%. Even thought 80 lbs sounds like a large amount it is less than ¼ of 1% with a test weight of 36,000 pounds. At a test load of 63,000 pounds the scale error tolerance is 160 pounds or 0.25%. This is a pretty small error relative to the total weight passing over the vehicle scale.

First Quarter 2010 ~ Spotlight on Weights & Measures

Firewood

If you are in the habit of buying firewood to warm your home, we would like to take a few moments to reacquaint you with how firewood is measured and how it must be sold to consumers.

According to California’s Business and Professions Code, bulk firewood must be sold by the unit of measure called a “cord.” A cord must equal 128 cubic feet. If the wood offered for sale is less then 1/8 of a cord, it is to be sold by cubic feet or a fraction of a cubic foot.

To be sure you have a cord, stack the wood neatly by placing the wood in a line or a row, with individual pieces touching and parallel to each other, making sure that the wood is compact and has as few gaps as possible. Then measure the stack. If the width times the height times the length equals 128 cubic feet, you have a cord of firewood.

Words or Phrases that May Indicate You Are Not Getting the Proper Measurement

Law defines a cord, just like other measurements such as a foot, a gallon, or a ton. A seller may not legitimately use terms such as “truckload,” “face cord,” “rack,” or “pile,” because these terms have no legally defined meaning

and, therefore, the consumer has no way of determining how much firewood he/she is actually receiving. If a seller uses such terms, it is an indicator of a potential pricing inconsitency problem. Firewood can only be sold by the “cord” or “fraction of a cord”.

Get What You Pay For – Get It in Writing

When you buy firewood, make sure to get a sales invoice or delivery ticket which shows the name and address of the seller, the date purchased or delivered, the quantity purchased, and the price of the quantity purchased. When the wood is delivered, ask the seller to stack it (you may have to pay extra for this service) or stack the wood yourself. Measure the wood before using any of it. If the cubic measurement indicates that you did not receive the correct volume, contact the seller before you burn any wood.

What to Do if You Think You Have Been Short Changed

If the seller can not or will not correct the problem, contact your weights and measures office before you burn any wood. It is also helpful to document the possible shortage by taking a picture of the stacked wood.

133 Aviation Blvd., Ste. 110Santa Rosa, CA 95403

PHONE:(707) 565-2371

FAX:(707) 565-3850

We’re on the Web! See us at:

www.sonoma-county.org/agcomm/weights_measures/