2TRAINING FOR THE WEIGHTS AND MEASURES OFFICIAL COURSE CURRICULUMMODULE 1IntroductionMODULE 2Laws & RegulationsMODULE 3Enforcement ProceduresMODULE 4Legal ActionMODULE 5Legal MetrologyMODULE 6Field Standards & Test EquipmentMODULE 7Basic Weighing / Measuring Principles
3TRAINING FOR THE WEIGHTS AND MEASURES OFFICIAL COURSE CURRICULUMMODULE 8Device Type EvaluationMODULE 9Weighing DevicesMODULE 10Measuring DevicesMODULE 11Weighmaster EnforcementMODULE 12Petroleum ProductsMODULE 13Quantity ControlMODULE 14Service Agencies and Agents
4TRAINING FOR THE WEIGHTS AND MEASURES OFFICIAL Module One “INTRODUCTION TO WEIGHTS & MEASURES”First in a series of 14
5“Introduction To Weights & Measures” This module will familiarize you with the history, development, importance and current status of weights and measures in the world of commerce today.
6Module ObjectivesRecognize / appreciate relationship with other modules in the seriesUnderstand necessity of weights and measuresBecome acquainted with California’s system of weights and measuresBecome aware of general legal principlesGain understanding / appreciation of your role
7Role of Weights & Measures in Society Needs of Trade and CommerceAssure fair and honest tradeVerify accuracy of weights and measuresProvide impartial oversight
8Early Weights & Measures Developed from convenient and natural surroundings:Length – Forearm, hand, or fingerWeight – Seeds, grains, stonesTime – Periods of the sun, moon and other heavenly bodies
9Need for Weights & Measures In Society Early measures were inexactDeveloping societies needed laws to regulate transactionsOfficials were essential to ensure commercial well-beingBasic tools:Laws, accurate standards, unannounced inspections
10Need for Weights & Measures In Society Punishment of offendersSome earlier punishments were harshPublic humiliationRemoval of body partsNailing body parts to the front door
11Need for Weights & Measures In Society Seizure, forfeiture, fines or imprisonment more likely todaySevere punishment may still occur in some parts of the world
12Systems of Weights & Measures Weights and measures- Units used to express specific quantitiesUnit- Inch, pound, liter, kilogram- Reference to which a unit is comparedStandard- Collection of units and standards that relate to each otherSystem
13Systems of Weights & Measures Different systems developed independently throughout the world. “Customary” (avoirdupois) or “inch-pound” System used in the U.S.Derived from the English system Which assimilated units from other systemsRoman Libra and Uncia (lb, oz)
14Systems of Weights and Measures Systems of Weights & Measures Units with same name differed Roman mile = 5000 feet,Libra (pound) = 11.5 oz. Standardization necessary System International (metric system) Created in France after the French Revolution Metric system legal in U.S. since 1866 but not compulsory
15Systems of Weights & Measures The United States is the only major industrialized country that has delayed in the general use of the “system international” more commonly known as the metric system.
16International Standards Ensuring agreement of standards throughout the worldComparing county to state to national standards provides traceability to the international standards
17International Standards International Prototype Kilogram
18International Standards International Bureau of Weights and Measures, Sevres, FranceHome of the International Prototype Kilogram Established by the Convention of the Metre 1875 General Conference on Weights and Measures provides international agreement on units of measurement
19Metrology All systems of measurement require a way to define the accuracy of the units in that system. Accurate traceable standards provide the means to determine accuracy of transactions. The science of measurements and the foundation of weights and measures.
20History of Weights & Measures in the U.S. 17th – 19th century English System spread throughout the worldAmerican colonies used English weights and measuresMany had diverse originsMany units had different values throughout the country
21History of Weights & Measures in California Early California weights and measures were influenced by standards brought from Spain and Mexico.Mining camp laws and the Spanish system were insufficient for measuring land and grain in agriculture.When gold was discovered, accuracy in weighing and trading was essential.
22History of Weights & Measures in California 1850 – Legislature established standard weights and measures.1858 – Responsibility shifted between county and state.1913 – New legislation established statewide standard.
23History of Weights & Measures in California 1961Department of Agriculture Building1220 N Street, Sacramento1921 – State Department of Weights and Measures became a division of the Department of Agriculture.
24Present Day Weights & Measures in California We enforce: The Business & Professions Code, Division 5, pertaining to weights and measures and petroleum productsEverything we do as a weights and measures official is found in these statutes. If it’s not there, we don’t have the authority to do it. Rules and regulations in the California Code of Regulations, Title 4, Division 9
25Organization of Weights & Measures in California The duty of enforcing the B & P Code is vested in both the state and county sealers CDFA is charged with general supervision of weights and measures activities Issuing instructions, procedures and recommendationsThe structure of weights and measures in California is laid out in the California Business and Professions Code, Division 5, pertaining to weights and measures and petroleum products. This structure was established in the original weights and measures act of 1913. Periodically inspecting the work of the sealers
26Present Day Weights & Measures in California Work is carried out cooperatively with operational units of DMS. The county sealers are the local enforcement arm of the Department. DMS and county officials cooperate in formulating policy and enforcing weights & measures laws.We have a County/State system of weights and measures. Our partnership with the county Sealers of Weights and Measures is critical to the success of our programs in California. While the Department provides training and oversight, the counties, in most cases, are the front line, and provide the essential services at the local level.
27Present Day Weights & Measures in California The Division of Measurement Standards administers the following programs: Metrology Type Evaluation Device Enforcement Quantity ControlThe Division is organized into six programs: Metrology – Calibrates the county standards and compares them to the state standards and ensures the comparison and traceability of the state standards to the national standards at NIST.Type Evaluation – Ensures that all commercial weighing and measuring devices are evaluated for approval (B&P Code § ).Device Enforcement – Works with counties for the enforcement of commercial weighing and measuring device requirements (NIST Handbook 44).Quantity Control – Works with the counties to enforce the Fair Packaging and Labeling Act and ensures that quantities of commodities in packages and in direct sales from bulk are correct.Petroleum Products/Weighmaster Enforcement – Licenses weighmasters and ensures that the quantities represented on weighmaster certificates are correct and ensures that petroleum products are labeled and advertised correctly and that they meet the appropriate quality standards.Service Agency – Ensures that commercial measuring device service agencies and service agents are licensed and registered, and works with the counties to enforce the Service Agency statues. Petroleum Products / Weighmaster Enforcement Registered Service Agencies
28Organization of Weights & Measures in the United States No federal program No one federal agency has overall jurisdiction Weights and measures remains a “States’ Rights” issueIn most other countries, weights and measures is a federal program. In the U.S., no one federal agency has overall jurisdiction; while USDA, Food and Drug Administration (FDA), Federal Trade Commission (FTC), etc., play a role in issues, and sometimes preempt the states; weights and measures remains a “States’ rights” issue. There are over 750 state, county, and city weights and measures jurisdictions throughout the country.With over 700 weights and measures jurisdictions in the U.S., interstate commerce would virtually stop if commodity, device specification, or label requirements differed from jurisdiction to jurisdiction. Manufacturing costs would soar if custom products were required in different regions. Over 750 state, county, and city weights and measures jurisdictions in the USA
29National Conference on Weights and Measures (NCWM) The National Institute of Standards and Technology (NIST)The National Conference on Weights and Measures (NCWM)So, how do we coordinate weights and measures in the United States?The U.S. Department of Commerce, through the National Institute of Standards and Technology (NIST), has an Office of Weights and Measures (OWM), a non-regulatory agency, which serves to coordinate the activities of states.NIST (formerly the National Bureau of Standards, NBS) established the National Conference on Weights and Measures (NCWM) in The NCWM is a professional organization of State and local weights and measures officials and representatives of business, industry, consumer groups, and Federal agencies. The NCWM develops standards in the form of model laws, regulations, and methods of practice, which are then published in NIST handbooks (H-44, H-130, H-133). When State or local governments, or Federal regulatory agencies, adopt these standards, they become mandatory.
30Regional Organization of the NCWM The states are organized into various regional groups where weights and measures issues are discussed and proposals are submitted to NCWM.Western W & M Assn.Central W & M Assn.Throughout the country, the states are organized into various regional groups or associations where weights and measures issues are discussed and proposals submitted to NCWM. These include the Northeastern Weights and Measures Association (NEWMA), the Southern Weights and Measures Association (SWMA), the Central Weights and Measures Association (CWMA), and the Western Weights and Measures Association (WWMA).Southern W & M Assn.Northeastern W & M Assn.
31Regional Organization of the NCWM Western W & M AssociationThe WWMA is our regional tie to the MCWM, and is comprised of 13 western states (Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming).
32Western Weights & Measures Association (WWMA) California officials who are National Conference members are members of WWMA. It is our regional tie to the National Conference on Weights and Measures (NCWM).California, being such a large and diverse state, has many more issues than the other states in the West. We are able to initiate and develop proposals through the WWMA, which then go to the NCWM as Western proposals, with the support of the region behind them.As these proposals are eventually adopted by the national conference, they become part of our regulations here in California and across the U.S. We initiate & develop proposals through the WWMA which then go to the NCWM as Western proposals.
33General Legal Principles In your role as a weights and measures official you will inspect devices, products, and documents for compliance with California law.There are legal principles you will need to be aware of and follow at all times.This segment deals with the general legal principles that you, as a weights and measures inspector, must become familiar with. In your job you will be performing inspections of weighing and measuring devices used in commercial transactions such as grocery store scales and gasoline pumps, verifying quantities of prepackaged meats and canned goods and bulk commodities such as landscape materials, cement, and agricultural products, and inspecting weighmaster and petroleum records and documents for compliance with California weights and measures laws and regulations. Mouse clickIn order to properly perform your job, there are certain legal principles that you must become familiar with and follow at all times. Mouse click
34Principles Governing Weights & Measures Laws Weights & measures laws in California are found in the B&P Code, Division 5. These laws are criminal in nature and many are strict liability laws.California weights and measures laws are found in the Business and Professions Code. The BPC is made up of 9 Divisions that cover everything from Alcoholic Beverages to Secondhand Dealers, to Real Estate Agents, to Funeral Directors, Barbers, and Cosmetologists to Weights and Measures. Weights and measures law is found in Division 5 of the BPC and you will become intimately familiar with it as you learn your job. Mouse clickWeights and measures laws are criminal laws, this means that they carry penalties that include monetary fines and the possibility of jail time. Mouse clickMany weights and measures laws are “strict liability” laws. That means that the violator does not need to have the intent to violate the law, the fact that the act occurred is enough to establish the violation. Mouse click Intent is not an element of strict liability. The occurrence of the act establishes a violation.
35Principles Governing Weights & Measures Laws Violations are classified as misdemeanors unless specified as infractions. Misdemeanors are punishable by fines up to $1000 and / or six months in jail. Infractions have fines only – no jail time.Weights and measures violations are classified as misdemeanors, unless de4signated as infractions. Mouse clickMisdemeanors carry fines of up to $1,000 per violation and 6 months in jail. Infractions have fines that are specified in the particular section and do not include jail time. Infraction fines generally range form $50 to $100, although some are as high as $800. Mouse click
36Principles Governing Weights & Measures Laws Persons who violate weights & measures laws, like any other violator, the right to confront witnesses against them. have the right to a trial, and have the right against self-incrimination. are presumed innocent until proven guilty by a court of law.As with every criminal violation, the weights and measures violator has certain rights and guarantees. Mouse clickThey are presumed innocent until proven guilty and have the right to legal counsel. Mouse clickThe violator has the right against self-incrimination and does not have to answer questions. Mouse clickThe right to a speedy trial by a jury of their peers. Mouse clickThe right to confront witnesses and see the evidence against them. Mouse click
37Due Process “Due process " is the opportunity to be heard; to be aware that a matter is pending; to make an informed choice whether to agree with or contest the action, and to assert before the appropriate decision-making body the reasons for such a choice. There is a constitutional guarantee of the right to due process in questions of life, liberty, or property.Due Process is a very important right guarantees by the 5th and 14th amendment to the United States Constitution that you must become familiar with. Simply stated, Due Process is the right of the accused to see the case against them, the right to present their side of the issue at hand, Mouse clickAnd the right not to be deprived of their property, or thing without a hearing into the matter. Only very unusual circumstances allow the government to take the property of a private citizen or business prior to a hearing. These generally are health and safety issues such as mislabeled drugs or adulterated foods. The potential harm to the public must outweigh the potential harm to the violator from the loss of his or her property. The courts have held that the petroleum and automotive products regulated by weights and measures fit these health and safety criteria. Mouse click
38Powers and Responsibilities of Weights & Measures Officials A weights and measures official: Is a public officer Has the authority to arrestAs a weights and measures official you have enormous powers – you can remove thousands of packages of product from sale, shut down a gasoline station for selling contaminated gasoline, order a business to stop using an incorrect device, and stop trucks and direct them to the nearest suitable scale to verify the commodity’s weight – even the CHP is limited to a scale within 5 miles to verify vehicle weights. Mouse clickAs a weights and measures official you are a public officer, not a peace officer. Your authority comes from section of the BPC and while you do not carry a gun and can not serve search warrants – Mouse clickYou do have the authority to arrest people who violate weights and measures laws in your presence and you can issue misdemeanor citations (Notices to Appear) Mouse clickWith your power comes some serious responsibilities. The BPC requires you to prosecute people who violate weights and measures laws and regulations. Mouse click Has the responsibility to prosecute violators
39Powers and Responsibilities of Weights & Measures Officials Verifying the accuracy of W&M equipment and quantity statements for packaged and bulk commodities Verifying the advertising, labeling, and quality of petroleum and automotive productsYou are responsible for the testing and sealing of commercially used weighing and measuring devices, verifying the quantity statements on packaged commodities, verifying the weight or measurement accuracy of bulk commodities bought and sold on weighmaster certificates, Mouse clickAnd verifying the advertising and labeling and quality of petroleum and automotive products sold in California. Mouse clickTo carry out these responsibilities, you must have a working knowledge of investigations, report writing, constitutional guarantees, and the California legal system. Mouse click Needs a working knowledge of investigations, report writing, the Constitution, and the CA legal system
40Levels and Types of Enforcement Use appropriate level of enforcement to gain complianceCriminal or civil action by A. G., D.A., or city attorneyCitation (Notice to Appear)Civil administrative procedureOff-sale order tagsAs I said, the BPC requires you to gain compliance with weights and measures laws by violators. There are many methods of enforcement available to you to gain that compliance and generally it is best to use the lowest level of enforcement necessary. This does not mean that you must start at the lowest level – start where it is appropriate for the violation. Mouse clickImmediate correction is useful for minor technical violations that can be corrected immediately. These may include the word “Gasoline” missing from a price sign, or a computing scale positioned so that the customer can not see the weight indications. It is a good idea to issue a written notice in these cases to document the correction. Mouse clickA written Notice of Violation is issued for violations that can not be corrected immediately and to document that the violator has been informed of the violation. Mouse clickOut of order tags are used to remove an incorrect device from commercial use until it is repaired. Mouse clickOff sale orders are used to remove short weight, measure, or count packages from sale or substandard petroleum and automotive products from sale. Mouse clickThe civil administrative penalty process allows the sealer to impose a penalty of up to $1,000 for weights and measures violations without having to present the violation(s) to the district attorney or city attorney for prosecution. This process is very useful for technical violations or where the prosecuting attorney has not agreed to citations. Mouse clickThe citation or Notice to Appear orders the violator to appear in court to answer the charges against him or her. It is useful for violations where there is monetary loss to the consumer or the violation is fraudulent in nature. Mouse clickA criminal filing with the Attorney General, the district attorney or city attorney is useful for more serious violations with larger monetary losses or fraudulent violations. It is also useful where the prosecuting attorney will not accept citations.A civil filing is useful for violations that involve unfair business practices, unfair competition, or false or misleading advertising. Mouse clickOut of order tagsWritten warning (NOV)Immediate correction
41Enforcement Action Types CivilAdministrativePenaltiesGenerally technicalUnfair business practices or competition – false or misleading advertisingCivilActionsTo recap the types of actions – the civil administrative penalty Mouse click Is generally used for technical violations Mouse clickThe civil action is Mouse click used for unfair business practices, unfair competition, or false or misleading advertising Mouse clickCriminal actions are used for monetary losses to consumers or fraudulent acts Mouse click These are misdemeanor or infractions. Mouse clickCriminal ActionsMisdemeanors or infractions
42Enforcement Action Penalties CivilAdministrativePenaltiesPenalties of $50 to $1000Penalties of $2,500 and up; Limited or permanent injunction; Cost recoveryCivilActionsThe penalties attached to these enforcement actions are for civil administrative actions Mouse click $50 to $1,000 Mouse click Civil actions Mouse click $2,500 and up plus limited or permanent injunctions which prohibit future violations and cost recovery for the investigating agency(ies) Mouse click Criminal actions Mouse click fines up to $1,000 per violation plus jail time – and probation is frequently imposed as part of the adjudication. Mouse clickFines up to $1000 per count plus jail timeProbation frequently imposedCriminal Actions
43Laws and RegulationsThese contain the weights and measures law and regulations you will use in your work. California Business & Professions Code Division 5 California Code of Regulations, (CCR) Title 4, Division 9The weights and measures laws and regulations enforce by weights and measures officials are California State laws that are jointly enforce by the Division of Measurement Standards and county offices of weights and measures. There are many laws and regulations that you will come into contact in your work as a weights and measures official. Mouse clickThe Business and Professions Code pertaining to weights and measures is the general body of laws that you will enforce. In many sections, further clarification or specifics are needed to carry out the provisions. Mouse clickThis is where the California Code of Regulations comes into play. The CCR provides the specifications and tolerances for commercial devices, the package inspection procedures, and the performance and driveability standards and specifications for petroleum and automotive products. Mouse click
44Materials Referenced in the CCR Portions of the following documents have been adopted into California law: NIST Handbooks 44, 130, 133 ASTM and SAE standard specificationsMany regulations are adopted by reference to other documents and standards. Mouse clickNIST HB 44 is adopted into the CCR with exceptions to provide device specifications and tolerances. HB 130 contains many models laws dealing with weights and measures issues. California has adopted the packaging and labeling portions into the CCR. The package inspection procedures from HB 133 have been adopted into the CCR. Mouse clickCalifornia’s petroleum and automotive product specifications come from ASTM and SAE. The Field Reference Manual is published by DMS and it is the working reference of the CCR and contains these adopted materials. It is the one of the manuals for use in the field by weights and measures officials. Mouse clickField Reference Manual contains CCR and adopted material .
45DMS Manuals Device Enforcement Quantity Control Petroleum ProductsDMS also publishes the following manuals and provides them to California weights and measures officials for their use. While they do not have the force of law, they do provide uniformity in testing methods and enforcement work. The individual manuals are discussed in more detail in later modules relating to those specific subjects. Mouse click Weighmaster Enforcement Citation
46Summary Society needs for W & M Systems of W & M History of W & M In summary, upon completion of this first module you should have learned: Mouse clickWhy society needs weights and measures Mouse clickThe various systems of weights and measures that have existed over the years Mouse clickThe history of weights and measures Mouse clickThe current organization and function of weights and measures programs in the United States and California Mouse clickThe general legal principles applicable to weights and measures officials and their work Mouse clickCurrent W & MGeneral Legal Principles
47Conclusion… a better understanding and a deeper appreciation of the role the weights & measures official plays in California.In conclusion, after experiencing this first module, you should now have a better understanding and a deeper appreciation of the role that weights and measures officials play in California’s economy and your part in this process. Mouse click