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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:


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 Thirteenth in a series of 14 Module Thirteen Quantity Control

5 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 Overview

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

7 Quantity Control Program Areas of 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

8 HistoryHistory 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

9 HistoryHistory 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

10 RelationshipsRelationships Quantity Control and the Division of 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.12100 Quantity Control is a function of the Measurement Compliance Program

11 RelationshipsRelationships Quantity 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. 12103.5 DMS and Sealers cooperate to effectively carry out regulatory responsibilities as defined in the California Business and Professions Code

12 Memorandum of Understanding & the Role of the Quantity Control (QC) Specialist DMS QC Specialists are assigned a geographic portion of the State 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

13 Manuals and Resources Packaging and Labeling Regulation only adopted Business and Professions Code Field Reference Manual Citation Manual NIST Handbook 130 Uniform Laws and Regulations

14 Manuals and Resources Quantity 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

15 Manuals and Resources NIST Handbook 133 – Checking the Net 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

16 ResourcesResources Related Web-Sites Related Web-Sites n 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 n 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 Specialists n Serve as resources for the county n Provide training and expertise in performing all of the QC related functions n Help facilitate and coordinate statewide investigations that have a broad impact within the state

17 Inspection 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

18 Inspection Equipment 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

19 Inspection Equipment 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

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

21 Inspection Equipment 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 Equipment

22 Label 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 packages so that purchasers can make price and quantity comparisons

23 What is IRQ? Label compliance inspections are an integral part of the QC Program. Proper label information will include: Identity n Identity of the commodity Responsibility n Responsibility statement including the name and address of the manufacturer, packer, or distributor Quantity n Quantity of contents IRQ This is often referred to as the IRQ

24 Identity Statement The identity statement The identity statement tells you What is in the package. It will list either a common name or the products use

25 Responsibility Statement responsibility statement The responsibility 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

26 Quantity Statements quantity statement The quantity statement tells you How much is in the package.

27 Sample Package Labels

28 Fair 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

29 n Metric labeling is required on most consumer packages n It is a violation to distribute any nonconforming packages Fair Packaging and Labeling Act Section 12603 requires the identity and quantity statements on packaged commodities

30 Fair Packaging and Labeling Act 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 commoditys net contents nor can the consumer value compare

31 Fair Packaging and Labeling Act 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 Regulations Section 12609 directs the Secretary of Food and Agriculture to adopt the package and labeling requirements in Handbook 130

32 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 (BATF) - Department of Treasury, Bureau of Alcohol, Tobacco, and Firearms (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 Jurisdiction

33 Quantity Verification

34 Commodity Testing and Package Inspection n Protects the Consumer n Protects Industry from unfair business practices n 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

35 Package 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

36 Testing by Weight Use an appropriate scale for the size and/or type of product to be inspected Labeled weight indicates the net weight

37 Testing for Volume Use Appropriate Equipment Products are tested by the following methods: Gravimetrically (weighing) Displacement Pouring into a graduate or other volumetric standard Measuring head space, etc.

38 Testing 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 and equipment Examples:

39 Testing 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 piece or arrive at a weight for a designated amount and then check it by weight (i.e., matches)

40 Testing By Count Some products have multiple quantity statements Candles are labeled by count, length and width Tortillas are labeled by count and net weight all The packages would need to meet all the net content statements

41 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

42 Testing 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)

43 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 Doesnt Equal 128 Cubic Feet, It is Not a Cord!

44 Commodity 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

45 A Commodity Classification Number Identifies the Product COMMODITY CLASSIFICATION NUMBER (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

46 Package Inspection n Package audits and inspections focus on groups of like packages or a lot n Audits and Package Inspections are done in the field

47 The 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

48 Lot Requirements 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 variation of individual package contents from the labeled quantity must not be unreasonably large

49 Package Inspection Reports n Once a possible shortage has been found through auditing, the next step is to do an official test using the appropriate sampling plan n The Package Inspection Report (PIR) form is used to record data and determine lot compliance n A random sample must be selected for testing from the entire inspection lot

50 Sampling 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 only Category B sampling plan is only 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

51 Collecting 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 Math Data Collection

52 Marking Off Sale Product Secure product and mark off-sale

53 Test 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.

54 Examples of Items Weighed, Counted or Measured at Time of Sale Other Items sold in this manner: Coffee, firewood, nails, wire, seed, fabric, pet food, candy, deli items, soup, etc.

55 Test 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

56 Test Sales n Test Sales are made to verify that the correct payment is received for goods purchased by weight n Most Commonly Test Sales are made to local recycling businesses Items purchased in this manner: Aluminum cans, glass bottles, plastic, & brass Recycling Cans

57 Code 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 Purchase12024.2 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.

58 Code Section For Test Sale 12512 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.

59 Code 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. 17200 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. 17500

60 Price 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

61 InspectionsInspections 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

62 Frequency 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

63 SummarySummary The three main areas of emphasis in the Quantity 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

64 ConclusionConclusion 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.

65 TRAINING FOR THE WEIGHTS AND MEASURES OFFICIAL This Concludes Module 13 Quantity Control


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