TRAINING FOR THE WEIGHTS AND MEASURES OFFICIAL COURSE 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

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

“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.

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

Role of Weights & Measures in Society Needs of Trade and Commerce Assure fair and honest trade Verify accuracy of weights and measures Provide impartial oversight

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

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

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

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

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

Systems 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 systems Roman Libra and Uncia (lb, oz)

Systems 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

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.

International Standards Ensuring agreement of standards throughout the world Comparing county to state to national standards provides traceability to the international standards

International Standards International Prototype Kilogram

International Standards International Bureau of Weights and Measures, Sevres, France Home 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

Metrology  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.

History of Weights & Measures in the U.S. 17th – 19th century English System spread throughout the world American colonies used English weights and measures Many had diverse origins Many units had different values throughout the country

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.

History of Weights & Measures in California 1850 – Legislature established standard weights and measures. 1858 – 1911 - Responsibility shifted between county and state. 1913 – New legislation established statewide standard.

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

Present Day Weights & Measures in California We enforce:  The Business & Professions Code, Division 5, pertaining to weights and measures and petroleum products Everything 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

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 The 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

Present 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.

Present Day Weights & Measures in California The Division of Measurement Standards administers the following programs:  Metrology  Type Evaluation  Device Enforcement  Quantity Control The 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 § 12500.5). 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

Organization of Weights & Measures in the United States  No federal program  No one federal agency has overall jurisdiction  Weights and measures remains a “States’ Rights” issue In 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

National 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 1905. 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.

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. 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.

Regional Organization of the NCWM Western W & M Association The 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).

Western 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.

General 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 click In order to properly perform your job, there are certain legal principles that you must become familiar with and follow at all times. Mouse click

Principles 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 click Weights and measures laws are criminal laws, this means that they carry penalties that include monetary fines and the possibility of jail time. Mouse click Many 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.

Principles 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 click Misdemeanors 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

Principles 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 click They are presumed innocent until proven guilty and have the right to legal counsel. Mouse click The violator has the right against self-incrimination and does not have to answer questions. Mouse click The right to a speedy trial by a jury of their peers. Mouse click The right to confront witnesses and see the evidence against them. Mouse click

Due 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 click And 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

Powers and Responsibilities of Weights & Measures Officials A weights and measures official:  Is a public officer  Has the authority to arrest As 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 click As a weights and measures official you are a public officer, not a peace officer. Your authority comes from section 12013 of the BPC and while you do not carry a gun and can not serve search warrants – Mouse click You 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 click With 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

Powers 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 products You 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 click And verifying the advertising and labeling and quality of petroleum and automotive products sold in California. Mouse click To 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

Levels and Types of Enforcement Use appropriate level of enforcement to gain compliance Criminal or civil action by A. G., D.A., or city attorney Citation (Notice to Appear) Civil administrative procedure Off-sale order tags As 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 click Immediate 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 click A 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 click Out of order tags are used to remove an incorrect device from commercial use until it is repaired. Mouse click Off sale orders are used to remove short weight, measure, or count packages from sale or substandard petroleum and automotive products from sale. Mouse click The 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 click The 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 click A 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 click Out of order tags Written warning (NOV) Immediate correction

Enforcement Action Types Civil Administrative Penalties Generally technical Unfair business practices or competition – false or misleading advertising Civil Actions To recap the types of actions – the civil administrative penalty Mouse click Is generally used for technical violations Mouse click The civil action is Mouse click used for unfair business practices, unfair competition, or false or misleading advertising Mouse click Criminal actions are used for monetary losses to consumers or fraudulent acts Mouse click These are misdemeanor or infractions. Mouse click Criminal Actions Misdemeanors or infractions

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

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 The 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 click The 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 click This 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

Materials Referenced in the CCR Portions of the following documents have been adopted into California law:  NIST Handbooks 44, 130, 133  ASTM and SAE standard specifications Many regulations are adopted by reference to other documents and standards. Mouse click NIST 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 click California’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 click Field Reference Manual contains CCR and adopted material .

DMS Manuals  Device Enforcement  Quantity Control  Petroleum Products DMS 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

Summary 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 click Why society needs weights and measures Mouse click The various systems of weights and measures that have existed over the years Mouse click The history of weights and measures Mouse click The current organization and function of weights and measures programs in the United States and California Mouse click The general legal principles applicable to weights and measures officials and their work Mouse click Current W & M General Legal Principles

Conclusion … 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