pps 10.2MB - California Department of Food and Agriculture

advertisement
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 Thirteen
“Quantity Control”
Thirteenth in a series of 14
General Overview
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.
Module Objectives
Appreciate the importance of Quantity Control activities in
protecting consumers and in assuring equity in the marketplace
Understand your role as a regulatory officer and your
relationship with other public agencies, consumers and industry
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
Quantity Control Program Areas
of Responsibility
1. Enforcement of the Fair
Packaging and Labeling Act
2. Evaluation of quantity
representations in the
marketplace
3. Assuring accuracy of pricing
History
1215 AD - English Magna Carta set a standard for wine, ale, and
grain as well as standard widths for cloth
1832 AD - The United States Congress established standards of
weights and measures used in commerce
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 - The National Conference on Weights and Measures (NCWM)
adopted the Uniform Packaging and Labeling Regulations
History
1960 - California adopted Sampling Procedures into the California
Code of Regulations to more efficiently check products’ net
quantity
1966 - The Federal Fair Packaging and Labeling Act (FPLA) was
passed; California Fair Packaging and Labeling act also
adopted
1994 - Adoption of National Institute of Standards and Technology
(NIST) Handbook 130, Packaging and Labeling
Regulation
1996 - California sampling and testing procedures were replaced
with the adoption of procedures found in NIST Handbook 133
Relationships
Quantity Control and the Division of
Measurement Standards (DMS)
12100
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.
Quantity Control is a function of the Measurement Compliance Program
Relationships
Quantity Control and County Sealers
12103.5
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.
DMS and Sealers cooperate to effectively carry out regulatory
responsibilities as defined in the California Business and
Professions Code
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
Manuals and Resources
Business and Professions Code
Field Reference Manual
Citation Manual
NIST Handbook 130
Uniform Laws and Regulations
Packaging and Labeling Regulation only adopted
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
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”
Resources
DMS, Quantity Control Specialists

Serve as resources for the county

Provide training and expertise in performing all of the QC related
functions

Help facilitate and coordinate statewide investigations that have a
broad impact within the state
Supervisor and Co-workers

An inspector's first line of information is their supervisor or an
experienced co-worker whenever a problem is encountered in the field
Related Web-Sites

The internet is a very useful tool to find out information on products,
companies, and government or industry sites that carry related
information
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
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
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
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
Density Cup
Pycnometer
Inspection Equipment
Other 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
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
What is IRQ?
Label compliance inspections are an integral part of the
QC Program. Proper label information will include:

Identity of the commodity

Responsibility statement including the name and
address of the manufacturer, packer, or distributor

Quantity of contents
This is often referred to as the IRQ
Identity Statement
The identity
statement tells
you “What is in
the package.” It
will list either a
common name or
the products use
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
Quantity Statements
The quantity statement tells you “How much is
in the package.”
Sample Package Labels
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
Fair Packaging and Labeling Act
Section 12603 requires the identity and quantity
statements on packaged commodities

Metric labeling is required on most consumer
packages

It is a violation to distribute any nonconforming
packages
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 commodity’s net contents nor can
the consumer value compare
Fair Packaging and Labeling Act
Labeling Regulations
Section 12609 directs the Secretary of Food and
Agriculture to adopt the package and labeling
requirements in Handbook 130
Section 12613 requires California labeling to be
in conformance with the Federal FPLA
A select number of Federal agencies also have
jurisdiction over package labeling of certain
commodities and in most cases pre-empt State
laws
Federal Agencies & Their Labeling
Jurisdiction
Federal Food and Drug Administration (FDA) - Cosmetics, drugs, and
medical devices
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) - All package labeling for these types of commodities
Federal Trade Commission (FTC) - Retail packages of household
commodities
Environmental Protection Agency (EPA) - All package labeling for
insecticides, fungicides, herbicides, rodenticides, and sanitizing agents
Quantity Verification
Commodity Testing and Package
Inspection

Protects the Consumer

Protects Industry from
unfair business practices

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
Package Inspections
There is no set schedule for
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…”
Section 12024 makes it a crime for any person
to sell any commodity in less quantity than
represented
Testing by Weight
 Use an appropriate scale
for the size and/or type of
product to be inspected
 Labeled weight indicates
the net weight
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.
Testing for Volume
Certain products labeled by volume require special handling
and equipment
Examples:
 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
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)
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
The packages would need to meet all the
net content statements
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
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)
Testing by Dimension:
If It Doesn’t Equal 128 Cubic Feet, It is Not a Cord!
Firewood is labeled by volume,
but measurements are needed
to calculate the net content.
There is no maximum allowable
variation
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
A Commodity Classification Number
Identifies the Product
COMMODITY CLASSIFICATION NUMBER
(EXAMPLES)
1.00 Confections, Flavorings
& Seasonings
4.00 Meat, Fish, and Poultry
1.01 -Penny Goods
4.01 - Fish & Seafood,
Canned
1.02 -Bar Goods
1.03 -Confectionery-Type
Chocolate
1.04 -Chocolate Coatings &
Syrups
4.02 - Fish & Seafood,
Frozen
4.03 - Fish & Seafood, Fresh
4.04 - Canned Meats
1.05 -Other Flavoring Agents
4.05 - Beef, Fresh or Frozen
1.06 -Packaged Goods
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 ByProducts
Package Inspection

Package audits and
inspections focus on
groups of like packages
or a “lot”

Audits and Package
Inspections are done in
the field
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
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”
Package Inspection Reports

Once a possible shortage has been found through
auditing, the next step is to do an official test using the
appropriate sampling plan

The Package Inspection Report (PIR) form is used to
record data and determine “lot” compliance

A random sample must be selected for testing from the
entire inspection lot
Sampling Plans
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” sampling plan is only
used for inspections conducted in USDA
inspected packaging plants
Category “C” sampling plan is used for
products sold by a count of 50 or less
Data Collection
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
Marking Off Sale Product
Secure product and
mark off-sale
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.
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.
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
The only method to verify that the
correct price is being charged for
the amount received is to make a
“Test Purchase”
Test Sales

Test Sales are made to verify that the correct
payment is received for goods purchased by weight

Most Commonly Test Sales are made to local
recycling businesses
Items purchased in
this manner:
Aluminum cans, glass
bottles, plastic, & brass
Recycling Cans
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 Purchase
12024.2
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.
Code Section For Test Sale
Purchase of Less than True Quantity: It is a
12512
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.
Code Sections
17200
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”.
17500
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.
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
Inspections
 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
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
Summary
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
Conclusion
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.
TRAINING FOR THE
WEIGHTS AND MEASURES OFFICIAL
This Concludes Module 13
“Quantity Control”
Download