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TRAINING FOR THE WEIGHTS AND MEASURES OFFICIAL COURSE CURRICULUM MODULE 1Introduction MODULE 2Laws & Regulations MODULE 3Enforcement Procedures MODULE.

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Presentation on theme: "TRAINING FOR THE WEIGHTS AND MEASURES OFFICIAL COURSE CURRICULUM MODULE 1Introduction MODULE 2Laws & Regulations MODULE 3Enforcement Procedures MODULE."— Presentation transcript:

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2 TRAINING FOR THE WEIGHTS AND MEASURES OFFICIAL COURSE CURRICULUM MODULE 1Introduction MODULE 2Laws & Regulations MODULE 3Enforcement Procedures MODULE 4Legal Action MODULE 5Legal Metrology MODULE 6Field Standards & Test Equipment MODULE 7Basic Weighing / Measuring Principles

3 TRAINING FOR THE WEIGHTS AND MEASURES OFFICIAL COURSE CURRICULUM MODULE 8Device Type Evaluation MODULE 9Weighing Devices MODULE 10Measuring Devices MODULE 11Weighmaster Enforcement MODULE 12Petroleum Products MODULE 13Quantity Control MODULE 14Service Agencies and Agents

4 TRAINING FOR THE WEIGHTS AND MEASURES OFFICIAL First in a series of 14 Module One INTRODUCTION TO WEIGHTS & MEASURES

5 This module will familiarize you with the history, development, importance and current status of weights and measures in the world of commerce today. Introduction To Weights & Measures

6 Module Objectives Recognize / appreciate relationship with other modules in the series Understand necessity of weights and measures Become acquainted with Californias system of weights and measures Become aware of general legal principles Gain understanding / appreciation of your role

7 Role of Weights & Measures in Society FAssure fair and honest trade FVerify accuracy of weights and measures FProvide impartial oversight Needs of Trade and Commerce

8 Early Weights & Measures Developed from convenient and natural surroundings: Length Length – Forearm, hand, or finger Weight Weight – Seeds, grains, stones Time Time – Periods of the sun, moon and other heavenly bodies

9 Officials were essential to ensure commercial well-being F Officials were essential to ensure commercial well-being Need for Weights & Measures In Society F Early measures were inexact FDeveloping societies needed laws to regulate transactions FBasic tools: Laws, accurate standards, unannounced inspections

10 FSome earlier punishments were harsh Public humiliation Removal of body parts Nailing body parts to the front door Need for Weights & Measures In Society F Punishment of offenders

11 Need for Weights & Measures In Society FSeizure, forfeiture, fines or imprisonment more likely today FSevere punishment may still occur in some parts of the world

12 Systems of Weights & Measures Weights and measures - Units used to express specific quantities Unit - Inch, pound, liter, kilogram Standard - Reference to which a unit is compared System - Collection of units and standards that relate to each other

13 Systems of Weights & Measures Different systems developed independently throughout the world. F Derived from the English system Customary (avoirdupois) or inch-pound Customary (avoirdupois) or inch-pound used in the U.S. System used in the U.S. FRoman Libra and Uncia (lb, oz) Which assimilated units from other systems Which assimilated units from other systems

14 Systems of Weights and Measures Systems of Weights & Measures Units with same name differed Units with same name differed Roman mile = 5000 feet, Roman mile = 5000 feet, Libra (pound) = 11.5 oz. Standardization necessary Standardization necessary System International (metric system) System International (metric system) Created in France after the French Revolution Metric system legal in U.S. since 1866 but not compulsory Metric system legal in U.S. since 1866 but not compulsory

15 Systems 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.

16 International Standards FEnsuring agreement of standards throughout the world FComparing county to state to national standards provides traceability to the international standards

17 International Prototype Kilogram International Standards

18 Established by the Convention of the Metre 1875 General Conference on Weights and Measures provides international agreement on units of measurement International Bureau of Weights and Measures, Sevres, France Home of the International Prototype Kilogram

19 MetrologyMetrology The science of measurements and the foundation of weights and measures. The science of measurements and the foundation of weights and measures. 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.

20 History of Weights & Measures in the U.S. F17 th – 19 th century English System spread throughout the world FMany had diverse origins FAmerican colonies used English weights and measures FMany units had different values throughout the country

21 History 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.

22 History of Weights & Measures in California 1858 – Responsibility shifted between county and state – Legislature established standard weights and measures – New legislation established statewide standard.

23 History of Weights & Measures in California 1961 Department of Agriculture Building 1220 N Street, Sacramento 1961 Department of Agriculture Building 1220 N Street, Sacramento 1921 – State Department of Weights and Measures became a division of the Department of Agriculture.

24 Present Day Weights & Measures in California We enforce: The Business & Professions Code, Division 5, pertaining to weights and measures and petroleum products Rules and regulations in the California Code of Regulations, Title 4, Division 9 Rules and regulations in the California Code of Regulations, Title 4, Division 9

25 Organization 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 recommendations Periodically inspecting the work of the sealers

26 Present Day Weights & Measures in California The county sealers are the local enforcement arm of the Department. Work is carried out cooperatively with operational units of DMS. DMS and county officials cooperate in policy and enforcing weights & measures laws. DMS and county officials cooperate in formulating policy and enforcing weights & measures laws.

27 Present Day Weights & Measures in California The Division of Measurement Standards administers the following programs: Metrology Metrology Type Evaluation Type Evaluation Device Enforcement Device Enforcement Quantity Control Quantity Control Petroleum Products / Weighmaster Enforcement Petroleum Products / Weighmaster Enforcement Registered Service Agencies Registered Service Agencies

28 Organization of Weights & Measures in the United States No federal program No one federal agency has overall jurisdiction No one federal agency has overall jurisdiction Weights and measures remains a States Rights issue Weights and measures remains a States Rights issue Over 750 state, county, and city weights and measures jurisdictions in the USA Over 750 state, county, and city weights and measures jurisdictions in the USA

29 National Conference on Weights and Measures (NCWM) The National Institute of Standards and Technology (NIST) The National Conference on Weights and Measures (NCWM)

30 Regional 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. Southern W & M Assn. Northeastern W & M Assn.

31 Regional Organization of the NCWM Western W & M Association

32 California officials who are National Conference members are members of WWMA. California officials who are National Conference members are members of WWMA. Western Weights & Measures Association (WWMA) It is our regional tie to the National Conference on Weights and Measures (NCWM). We initiate & develop proposals through the WWMA which then go to the NCWM as Western proposals.

33 General Legal Principles There are legal principles you will need to be aware of and follow at all times. In your role as a weights and measures official you will inspect devices, products, and documents for compliance with California law.

34 Principles Governing Weights & Measures Laws Intent is not an element of strict liability. The occurrence of the act establishes a violation. These laws are criminal in nature and many are strict liability laws. Weights & measures laws in California are found in the B&P Code, Division 5.

35 Principles Governing Weights & Measures Laws Misdemeanors are punishable by fines up to $1000 and / or six months in jail. Infractions have fines only – no jail time. Violations are classified as misdemeanors unless specified as infractions.

36 Principles Governing Weights & Measures Laws have the right to a trial, and are presumed innocent until proven guilty by a court of law. Persons who violate weights & measures laws, like any other violator, have the right against self- incrimination. the right to confront witnesses against them.

37 Due Process There is a constitutional guarantee of the right to due process in questions of life, liberty, or property. 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.

38 Powers and Responsibilities of Weights & Measures Officials A weights and measures official: Has the authority to arrest Has the responsibility to prosecute violators Is a public officer

39 Verifying the accuracy of W&M equipment and quantity statements for packaged and bulk commodities Powers and Responsibilities of Weights & Measures Officials Verifying the advertising, labeling, and quality of petroleum and automotive products Needs a working knowledge of investigations, report writing, the Constitution, and the CA legal system

40 Levels and Types of Enforcement Use appropriate level of enforcement to gain compliance Immediate correction Written warning (NOV) Out of order tags Off-sale order tags Civil administrative procedure Citation (Notice to Appear) Criminal or civil action by A. G., D.A., or city attorney

41 CivilAdministrativePenalties Criminal Actions CivilActions Enforcement Action Types Generally technical Unfair business practices or competition – false or misleading advertising Misdemeanors or infractions

42 CivilAdministrativePenalties Criminal Actions CivilActions Enforcement Action Penalties Penalties of $50 to $1000 Penalties of $2,500 and up; Limited or permanent injunction; Cost recovery Fines up to $1000 per count plus jail time Probation frequently imposed

43 Laws and Regulations These 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 9

44 Materials Referenced in the CCR NIST Handbooks 44, 130, 133 ASTM and SAE standard specifications Portions of the following documents have been adopted into California law: Field Reference Manual contains CCR and adopted material.

45 DMS Manuals Device Enforcement Device Enforcement Quantity Control Quantity Control Petroleum Products Petroleum Products Weighmaster Enforcement Weighmaster Enforcement Citation Citation

46 SummarySummary Society needs for W & M Systems of W & M History of W & M Current W & M General Legal Principles

47 ConclusionConclusion … a better understanding and a deeper appreciation of the role the weights & measures official plays in California.

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