Priority Issues

Weights and Measures
Priority State Issue

Background
Laws governing the weight, measure and method of sale of food items (both fresh and packaged) in grocery stores are generally implemented and enforced at the state level. The National Conference on Weights and Measures (NCWM), comprised of state weights and measures officials as well as admin-istrators from the National Institute of Standards and Technology (NIST), an arm of the U.S. Depart-ment of Commerce, works to develop uniform model laws for adoption at the state level. Many states adopt the NCWM Codes, in whole or in part, as law. Industries governed by weights and measures laws, of which the grocery industry is primary, are invited to join the NCWM and participate in its policy-making sessions. For a list of resources available from NIST, including some state laws and access to NCWM Codes, see: http://ts.nist.gov/ts/htdocs/230/235/owmhome.htm

Status
NCWM Activity
In 2005, a proposal (NCWM Item 270-1) was discussed that would make mandatory a stamped tare value on the outside of the shipping container for lots of random-weight red meat. Presently, it is a USDA requirement that poultry has this tare value stated, but there is no USDA requirement for red meat. This proposal would therefore require a USDA rule change.

Retailers currently can receive such information from suppliers. They can receive it electronically from suppliers for every lot that is shipped, making it timely and accurate. Tare values that are re-ceived stamped must be key-entered, requiring additional labor hours and the occasion for human error.

In addition to receiving this information electronically, retailers may also request that the supplier or producer send this information by fax, email or tare sheets. Retailers may also receive this informa-tion by using tare values included on product invoices or by conducting spot-checking themselves. Retailers are ultimately responsible for accurate net weight despite the providing of tare weight by suppliers.

In 2006, the NCWM will consider Item 250-2, “Guideline for the Method of Sale of Fresh Fruits and Vegetables,” as it was submitted before the NCWM on behalf of the Northeast Weights and Measures Association (NEWMA) in January 2006. The NEWMA submitted the proposal because, “the current guidelines do not recognize or support innovation in modern retail food marketing approaches at all forms of outlets from typical grocery stores to upscale urban markets to age-old farm markets.” It is a draft revision of the methods of weights and measures for fresh fruits and vegetables. To see the pro-posal, go to: http://www.ncwm.net/pdf/All-06-Pub15-Final.pdf

Another issue from the NEWMA that will be considered this year is Item 260-1, “Moisture Loss.” The proposal would change the way moisture loss is considered when testing for true weight of a product takes place. To seeee the proposal, go to: http://www.ncwm.net/pdf/All-06-Pub15-Final.pdf

Grocery Industry Impact
Because many states adopt the NCWM Codes, in whole or in part, as law, active participation in the NCWM is essential. State inspectors in 47 states have adopted handbook 133, “Checking the Net Content of Packaged Goods.” To view this document, see: http://ts.nist.gov/ts/htdocs/230/235/h1334-05.htm

Key State Legislative Activity

Position
FMI will continue to work closely with the National Institute of Standards and Technology and state and local weights and measures officials through the National Conference on Weights and Measures, as well as the state retail and grocer associations to resolve important issues concerning the weight, measure and method of sale of items in retail grocery establishments.

FMI Contact
Ty Kelley   tkelley@fmi.org

Date Filed: 01/01/2006