training for the weights and measures official

TRAINING FOR THETRAINING FOR THEWEIGHTS AND MEASURES WEIGHTS AND MEASURES

OFFICIALOFFICIAL


OFFICIALOFFICIAL

COURSE CURRICULUMCOURSE CURRICULUM

MODULE 1 Introduction

MODULE 2 Laws & Regulations

MODULE 3 Enforcement Procedures

MODULE 4 Legal Action

MODULE 5 Legal Metrology

MODULE 6 Field Standards & Test Equipment

MODULE 7 Basic Weighing / Measuring Principles


OFFICIALOFFICIAL


OFFICIALOFFICIAL

COURSE CURRICULUMCOURSE CURRICULUM

MODULE 8 Device Type Evaluation

MODULE 9 Weighing Devices

MODULE 10 Measuring Devices

MODULE 11 Weighmaster Enforcement

MODULE 12 Petroleum Products

MODULE 13 Quantity Control

MODULE 14 Service Agencies and Agents

TRAINING FOR THETRAINING FOR THEWEIGHTS AND MEASURES OFFICIALWEIGHTS AND MEASURES OFFICIAL


Thirteenth in a series of 14

Module ThirteenModule Thirteen“Quantity Control”“Quantity Control”Module ThirteenModule Thirteen

“Quantity Control”“Quantity Control”

This module will introduce you to the verification of accurate quantities of packaged and unpackaged commodities, accuracy of prices in stores, and compliance with package and labeling laws.

This module will introduce you to the verification of accurate quantities of packaged and unpackaged commodities, accuracy of prices in stores, and compliance with package and labeling laws.

General OverviewGeneral OverviewGeneral OverviewGeneral Overview

Understand your role as a regulatory officer and your relationship with other public agencies, consumers and industry

Module ObjectivesModule ObjectivesModule ObjectivesModule Objectives

Appreciate the importance of Quantity Control activities in protecting consumers and in assuring equity in the marketplace

Know where to find information from a list of resources and manuals to assist you in understanding legal requirements and proper regulatory procedures

Be familiar with the three primary areas of responsibility of the Quantity Control Program

Quantity Control Program AreasQuantity Control Program Areasof Responsibilityof Responsibility

Quantity Control Program AreasQuantity Control Program Areasof Responsibilityof Responsibility

2. Evaluation of quantity representations in the marketplace

3. Assuring accuracy of pricing

1. Enforcement of the Fair Packaging and Labeling Act

1 lb/ 454 g

HistoryHistoryHistoryHistory

1832 AD -1832 AD - The United States Congress established standards of weights and measures used in commerce

1215 AD -1215 AD - English Magna Carta set a standard for wine, ale, and grain as well as standard widths for cloth

1850 -1850 - The first session of the California Legislature passed an act to establish standard weights and measures in conformity with the standards established by Congress. This is the basis for the Quantity Control Program

1952 -1952 - The National Conference on Weights and Measures (NCWM) adopted the Uniform Packaging and Labeling Regulations

HistoryHistoryHistoryHistory

1960 -1960 - California adopted Sampling Procedures into the California Code of Regulations to more efficiently check products’ net quantity

1966 - 1966 - The Federal Fair Packaging and Labeling Act (FPLA) was passed; California Fair Packaging and Labeling act also adopted

1994 - 1994 - Adoption of National Institute of Standards and Technology (NIST) Handbook 130, Packaging and Labeling

Regulation

1996 -1996 - California sampling and testing procedures were replaced with the adoption of procedures found in NIST Handbook 133

RelationshipsRelationshipsRelationshipsRelationships

Quantity Control and the Division of Quantity Control and the Division of Measurement Standards (DMS)Measurement Standards (DMS)

General Supervision by Department of Food and Agriculture - Where not otherwise provided by law, the Department of Food and Agriculture has general supervision of the weights and measures and weighing and measuring devices sold or used in the State.

1210012100

Quantity Control is a function of the Measurement Compliance Program

RelationshipsRelationshipsRelationshipsRelationships

Quantity Control and County SealersQuantity Control and County Sealers

Who to Enforce Division - The duty of enforcing this division and carrying out its provisions and requirements is vested in the director and in each sealer acting under the supervision and direction of the director.

12103.512103.5

DMS and Sealers cooperate to effectively carry out regulatory responsibilities as defined in the California Business and Professions Code

Memorandum of Understanding & the Role Memorandum of Understanding & the Role of the Quantity Control (QC) Specialistof the Quantity Control (QC) Specialist

Memorandum of Understanding & the Role Memorandum of Understanding & the Role of the Quantity Control (QC) Specialistof the Quantity Control (QC) Specialist

DMS QC Specialists are assigned a geographic portion of the State

Their main duties are:Their main duties are:

Assist and train county staff in carrying out quantity control duties

Conduct occasional surveys to test marketplace compliance

Coordinate statewide surveillance of shortages

Manuals and ResourcesManuals and ResourcesManuals and ResourcesManuals and Resources

Packaging and Labeling Regulation only adopted

Business and Professions CodeBusiness and Professions Code

Field Reference ManualField Reference Manual

Citation ManualCitation Manual

NIST Handbook 130NIST Handbook 130Uniform Laws and RegulationsUniform Laws and Regulations


Quantity Control Program ManualQuantity Control Program Manual

This manual is a procedural manual for carrying out the regulations of the CCR

There are detailed instructions on how to fill out the various forms used in performing the job

Much of the information contained within the QC Manual comes from NIST Handbook 133


NIST Handbook 133 – Checking the NIST Handbook 133 – Checking the Net Contents of Packaged GoodsNet Contents of Packaged Goods

Adopted by reference into regulation through B&P Code Section 12211 and has the force of law

Outlines various testing procedures for products to ensure they achieve their labeled quantity and to

test/sample “lots” of packaged commodities to determine “lot compliance”

ResourcesResourcesResourcesResources

Related Web-Sites Related Web-Sites

The internet is a very useful tool to find out information on products, companies, and government or industry sites that carry related information

Supervisor and Co-workers Supervisor and Co-workers

An inspector's first line of information is their supervisor or an experienced co-worker whenever a problem is encountered in the field

DMS, Quantity Control SpecialistsDMS, Quantity Control Specialists

Serve as resources for the county

Provide training and expertise in performing all of the QC related functions

Help facilitate and coordinate statewide investigations that have a broad impact within the state

Inspection EquipmentInspection EquipmentInspection EquipmentInspection Equipment

Scales are used to test products labeled by weight. The weights used to check your scale must be traceable to NIST. Scales are checked for accuracy at each new location, and before and after filling out a PIR (Package Inspection Report)

Electronic Scale


Volumetric glassware is used to test products labeled by liquid volume. The glassware must be graduated in the units (inch-pound or SI) stated on the product label

InspectionInspection EquipmentEquipmentInspectionInspection EquipmentEquipment

The quantity of some packaged products is stated in dry measure terms. The contents of these packages are emptied into a test measure appropriate for the package size. Some common sizes are cubic yard, 4 cubic foot, 1 cubic foot, cubic meter, and dry quarts


Density cups and pycnometers hold a known volume for weighing semi-viscous fluids to determine their density and to convert volume calculation to weight

PycnometerDensity Cup


Products labeled by dimension are measured using a tape measure or ruler

Pressure gauges and thermometers are used in the verification of compressed gases

Thermometers are also used for temperature correction of liquids

Glass or plastic plates known as slicker plates are used in headspace determination

Other EquipmentOther Equipment

Label ComplianceLabel ComplianceLabel ComplianceLabel Compliance

Enforcement of the Fair Packaging and Labeling Act and the Uniform Packaging and Labeling Regulation is one of the statutory responsibilities of the Quantity Control Program

Purpose

To provide accurate and adequate information on packagesso that purchasers can make price and quantity comparisons

What is IRQ?What is IRQ?What is IRQ?What is IRQ?

Label compliance inspections are an integral part of the QC Program. Proper label information will include:

IdentityIdentity of the commodity

ResponsibilityResponsibility statement including the name and address of the manufacturer, packer, or distributor

QuantityQuantity of contents

This is often referred to as the IRQIRQ

Identity StatementIdentity StatementIdentity StatementIdentity Statement

The identity The identity statementstatement tells you “What is in the package.” It will list either a common name or the products use

Responsibility StatementResponsibility StatementResponsibility StatementResponsibility Statement

The responsibility statementresponsibility statement tells you “Who put the product in the package or who is responsible for it

The street address may be omitted if it is listed in a current city or phone directory

Quantity StatementsQuantity StatementsQuantity StatementsQuantity Statements

The quantity statementquantity statement tells you “How much is in the package.”

Sample Package LabelsSample Package LabelsSample Package LabelsSample Package Labels

Fair Packaging and Labeling ActFair Packaging and Labeling ActFair Packaging and Labeling ActFair Packaging and Labeling Act

The “Fair Packaging and Labeling Act” (FPLA) is contained in the Business and Professions Code, Sections 12601 – 12615.5

Section 12601 provides for protection against deception or misrepresentation. Accurate quantity information is required on packages

Metric labeling is required on most consumer packages

It is a violation to distribute any nonconforming packages


Section 12603 requires the identity and quantity statements on packaged commodities


The quantity statement on a package is very important. Section 12607 gives a sealer authority to order off sale any commodity that does not have a quantity statement

Without a quantity statement an official could make no determination about a commodity’s net contents nor can the consumer value compare


A select number of Federal agencies also have jurisdiction over package labeling of certain commodities and in most cases pre-empt State laws

Section 12613 requires California labeling to be in conformance with the Federal FPLA

Labeling RegulationsLabeling Regulations

Section 12609 directs the Secretary of Food and Agriculture to adopt the package and labeling requirements in Handbook 130

Federal Food and Drug Administration (FDA) -Federal Food and Drug Administration (FDA) - Cosmetics, drugs, and medical devices

United States Department of Food and Agriculture (USDA) -United States Department of Food and Agriculture (USDA) - Food made entirely or predominately from meat or poultry

Department of Treasury, Bureau of Alcohol, Tobacco, and Firearms Department of Treasury, Bureau of Alcohol, Tobacco, and Firearms (BATF)(BATF) - - All package labeling for these types of commodities

Federal Trade Commission (FTC) Federal Trade Commission (FTC) -- Retail packages of household commodities

Environmental Protection Agency (EPA) -Environmental Protection Agency (EPA) - All package labeling for insecticides, fungicides, herbicides, rodenticides, and sanitizing agents

Federal Agencies & Their Labeling Federal Agencies & Their Labeling JurisdictionJurisdiction

Federal Agencies & Their Labeling Federal Agencies & Their Labeling JurisdictionJurisdiction

Quantity VerificationQuantity VerificationQuantity VerificationQuantity Verification

Commodity Testing and Package Commodity Testing and Package InspectionInspection

Commodity Testing and Package Commodity Testing and Package InspectionInspection

Protects the Consumer

Protects Industry from unfair business practices

Is conducted at retail (store or door-to-door), wholesale, or production level

In California, around $136 billion/year is spent on commodities sold by weight, measure, or count

1 lb/454 g

Package InspectionsPackage InspectionsPackage InspectionsPackage Inspections

Section 12211 only requires that “Each sealer shall, from time to time, weigh or measure packages, containers, or amounts of commodities sold, …to determine the quantity represented …in accordance with law…”

There is no set schedule for package inspections

Section 12024 makes it a crime for any person to sell any commodity in less quantity than represented

Testing by WeightTesting by WeightTesting by WeightTesting by Weight

Use an appropriate scale for the size and/or type of product to be inspected

Labeled weight indicates the net weight

Testing for VolumeTesting for VolumeTesting for VolumeTesting for Volume

Use Appropriate Use Appropriate EquipmentEquipment

Products are tested by the following methods:

Gravimetrically (weighing)

Displacement

Pouring into a graduate or other volumetric standard

Measuring head space, etc.

Testing for VolumeTesting for VolumeTesting for VolumeTesting for Volume

Some compressed gasses require pressure gauges and a thermometer

Mulch and animal bedding require a specially constructed box with a known volume

Ice cream can be tested by using a volume displacement procedure

Mayonnaise and similar products can be tested by subtracting the headspace volume from the volume of the empty,

volumetrically tested container

Certain products labeled by volume require special handling Certain products labeled by volume require special handling and equipment and equipment

Examples:Examples:

Testing By CountTesting By CountTesting By CountTesting By Count

When testing products with a count over 50 and the items are of consistent weight, the count may be

converted to weight

You can count each pieceor arrive at a weight for a

designated amount andthen check it by weight(i.e., matches)

Testing By CountTesting By CountTesting By CountTesting By Count

Some products have multiple Some products have multiple quantity statementsquantity statements

Candles are labeled by count, length and width

Tortillas are labeled by count and net weight

The packages would need to meet allall the net content statements

Testing By Measure (Dimension)Testing By Measure (Dimension)Testing By Measure (Dimension)Testing By Measure (Dimension)

Using a certified tape measure or metal ruler (depending on the dimensions of the product being tested), the inspector determines the length, width, or height of a product

Testing By DimensionTesting By DimensionTesting By DimensionTesting By Dimension

Some items have specific guidelines for testing in NIST Handbook 133 or in the QC Manual

Note: Certain construction products have an “industry standard” adopted by NCWM so that the legal nominal size may be larger than the actual size (i.e., 2x4 lumber)

Testing by Dimension:Testing by Dimension:Testing by Dimension:Testing by Dimension:

Firewood is labeled by volume, but measurements are needed to calculate the net content. There is no maximum allowable variation

If It Doesn’t Equal 128 Cubic Feet, It is Not a Cord!If It Doesn’t Equal 128 Cubic Feet, It is Not a Cord!

Commodity TestingCommodity TestingCommodity TestingCommodity Testing

Commodity testing is used to verify the net contents of individual packages of product

No legal action

May serve as the basis for follow-up inspections

Great tool for learning

A Commodity Classification Number A Commodity Classification Number

Identifies the ProductIdentifies the Product A Commodity Classification Number A Commodity Classification Number

Identifies the ProductIdentifies the Product

COMMODITY CLASSIFICATION NUMBERCOMMODITY CLASSIFICATION NUMBER

(EXAMPLES)(EXAMPLES)

1.00 Confections, Flavorings & Seasonings

1.01 -Penny Goods

1.02 -Bar Goods

1.03 -Confectionery-Type Chocolate

1.04 -Chocolate Coatings & Syrups

1.05 -Other Flavoring Agents

1.06 -Packaged Goods

4.00 Meat, Fish, and Poultry

4.01 - Fish & Seafood, Canned

4.02 - Fish & Seafood, Frozen

4.03 - Fish & Seafood, Fresh

4.04 - Canned Meats

4.05 - Beef, Fresh or Frozen

4.06 - Veal, Fresh or Frozen

6.00 Milling Products

6.01 - Cereals, Breakfast Foods

6.02 -Brans, Wheat Germ

6.03 - Corn Meal

6.04 - Wet Corn Meal Mush

6.05 - Milled Rice & Rice By-Products

Package InspectionPackage InspectionPackage InspectionPackage Inspection

Package audits and inspections focus on groups of like packages or a “lot”

Audits and Package Inspections are done in the field

The AuditThe AuditThe AuditThe Audit

An audit is used to “screen” the marketplace for possible violations and is a fast preliminary procedure used to check products for accuracy of the quantity statement

An “Audit Inspection Report” form can be used as a worksheet or to record your findings

Lot RequirementsLot RequirementsLot RequirementsLot Requirements

The “Average Requirement”The “Average Requirement”

In general, the average net quantity of contents of packages in a lot must at least equal the net quantity of contents declared on the label

The “Individual Package Requirement” The “Individual Package Requirement”

The variation of individual package contents from the labeled quantity must not be “unreasonably large”

Package Inspection ReportsPackage Inspection ReportsPackage Inspection ReportsPackage Inspection Reports

Once a possible shortage has been found through auditing, the next step is to do an official test using the appropriate sampling plan

The Package Inspection Report (PIR) form is used to

record data and determine “lot” compliance

A random sample must be selected for testing from the entire inspection lot

Sampling PlansSampling PlansSampling PlansSampling Plans

Category “A”Category “A” sampling plan is used for most products labeled by weight, volume or measure, and that have a count over 50

This category is the one most commonly used for inspections

Category “B”Category “B” sampling plan is onlyonly used for inspections conducted in USDA inspected packaging plants

Category “C”Category “C” sampling plan is used for products sold by a count of 50 or less

Collecting Data for the PIRCollecting Data for the PIR

A. Randomly select the appropriate sample from the lot

B. Take the data and record it on the PIR form

C. Fill in all the blanks

Ask seller for any additional information you need

Check Your MathCheck Your Math

Data CollectionData CollectionData CollectionData Collection

Marking Off Sale ProductMarking Off Sale ProductMarking Off Sale ProductMarking Off Sale Product

Secure product andmark off-sale

Test Purchases & Test SalesTest Purchases & Test SalesTest Purchases & Test SalesTest Purchases & Test Sales

There are no legal requirements for a county to conduct routine Test Purchases or Test Sales; however, they do provide a great economic benefit to the citizens of the county and protect conscientious businesses from careless or less than honest competitors.

Examples of Items Weighed, Counted Examples of Items Weighed, Counted or Measured at Time of Saleor Measured at Time of Sale

Examples of Items Weighed, Counted Examples of Items Weighed, Counted or Measured at Time of Saleor Measured at Time of Sale

Other Items sold in Other Items sold in this manner:this manner:

Coffee, firewood, nails, wire, seed, fabric, pet food,

candy, deli items, soup, etc.

Test PurchaseTest PurchaseTest PurchaseTest Purchase

The only method to verify that the correct price is being charged for the amount received is to make a “Test Purchase”

Many items are not packaged or “put-up” before sale, but instead the selling price is calculated from a weight or measure determined at the time of the sale

Test SalesTest SalesTest SalesTest Sales

Test Sales are made to verify that the correct payment is received for goods purchased by weight

Most Commonly Test Sales are made to local recycling businesses

Items purchased in Items purchased in this manner:this manner:

Aluminum cans, glass bottles, plastic, & brass

Recycling Cans

Code SectionsCode SectionsCode SectionsCode Sections

Along with B&P Sections 12023 and 12024, the following Code Sections are the basis for action when problems are found during a Test Purchase

12024.212024.2

It is unlawful for any person (the legal definition of “person” includes an individual, firm, corporation, or association) to compute a value that is not a true extension of the price per unit, or to charge a price higher than the price advertised or stated.

Code Section For Test SaleCode Section For Test SaleCode Section For Test SaleCode Section For Test Sale

1251212512

Purchase of Less than True Quantity:Purchase of Less than True Quantity: It is a misdemeanor for the purchaser, when using his own weighing or measuring equipment, to buy (i.e., pay) in less than the true quantity. Punishment for a violation may be a fine or imprisonment in the county jail.

Code SectionsCode SectionsCode SectionsCode Sections

Part 2, Chapter 4, Unfair Trade Practices:Part 2, Chapter 4, Unfair Trade Practices: Violations of the sections contained in this chapter or elsewhere in the Business and Professions Code may be considered to be an “unlawful business practice”.

1720017200

Part 3, Chapter 1:Part 3, Chapter 1: Charging a price higher than the advertised or quoted price or paying less than the price advertised or quoted is viewed as “false and misleading advertising”.

Note: A District Attorney may choose to charge these two sections.

1750017500

Price VerificationPrice VerificationPrice VerificationPrice Verification

Price verification, whether for automatic or manual systems, determines what a customer is charged at the point-of-sale at retail. These systems are inspected to assure that the consumer is charged accurately

InspectionsInspectionsInspectionsInspections

Price verification inspections and investigations are conducted to ensure that a

customer is charged the correct price

Inspections are made by County and State inspectors following procedures outlined in the Quantity Control Program Manual and are documented on a Sales Price Report form

Frequency of InspectionFrequency of InspectionFrequency of InspectionFrequency of Inspection

There are no recommended guidelines for the frequency that retailers should be inspected for pricing accuracy, but many counties within California make an effort to conduct these inspections at least on an annual basis

SummarySummarySummarySummary

The three main areas of emphasis in the Quantity The three main areas of emphasis in the Quantity Control Program are:Control Program are:

Quantity Verification

Price Verification

Enforcement of the “Fair Packaging and Labeling Act”

Enforcing these laws requires communication and collaboration between County Sealers, DMS, District Attorneys, and an informed public

ConclusionConclusionConclusionConclusion

This training module has provided you with a better understanding of the Quantity Control Program and the resources available to you as you perform your duties as a weights and measures inspector.


This Concludes Module 13This Concludes Module 13“Quantity Control”“Quantity Control”

This Concludes Module 13This Concludes Module 13“Quantity Control”“Quantity Control”

training for the weights and measures official

Documents

quantity control program1952

california fair packaging

measures ncwm

measures officialthirteenth

labeling laws

standards of weights

california business

california legislature