Weights & Measures

Weights and Measures is one of the earliest forms ofgovernment in the United States.

Signed into law in 1799 by President John Adams, it continues to test and inspect devices and packages to see that fair practice or equity prevails in the marketplace as far as determinations of quantity in all commercial transactions. It is the purpose of this service to see that the buyers and sellers receive or give full weight or measure.

Weights and Measures can be traced back to earliest times; it was one of the earliest tools used by primitive societies to help complete many of the everyday jobs that they encountered. Whether it be construction of buildings, fashioning clothing or bartering for food and raw materials.

Among the earliest forms of measurement were based on parts of the body, the forearm was used to measure distance, and time was measured by the periods of the sun and moon. To measure capacity of clay pots, or metal vessels, seed were poured into the container and then counted to gauge the volume. When a means for weighing was invented seeds and stones served as standards. For instance the term “carat” is derived from the carob seed.

“Caveat Emptor” or “let the buyer beware” originated in the age of the Romans. But even today we still take for granted that every time we purchase commodities, we are being charged for the actual weight or measure that we are paying for.

It falls under the Weights and Measures Departments to periodically test commodities and devices to help assure that what the consumer is paying for is actually what they receive.

To do this the department conducts tests for accuracy on the scales, measuring devices, or petroleum dispensing devices being used for any commercial transactions. These devices can be found in the neighborhood grocery store, supermarket, wholesale distributors, salvage yard, feed mills, hardware stores and gasoline stations throughout the country.

Weights and Measures also conducts inspections of gasoline stations, and fuel suppliers for accurate delivery of petroleum products.

In addition to testing devices, numerous packages are reweighed to determine that the retailer is also following proper weighing practices. These include random weight meat and produce packages, as well as standard pack commodities such as cookies, cheese, potato chips, butter, cereals, and other similar products.

These efforts are often met with favorable results from the retailers as it also protects them from giving away products through incorrect devices, and incorrect weighing practices.

However, if such packages are not up to standards, Weights and Measures can take steps to correct the situation from verbal and written warnings, to ordering the commodity off sale, or to prosecution with fines and possible criminal action being assessed against the offender.

But it must be realized that Weights and Measures cannot be present at every transaction, the buying public has definite responsibilities and should make every effort to insist on good merchandising practices.

In most cases working with the merchant to help correct the problem is usually all that it takes to remedy a short or over weight problem that is encountered in the field.

Weights and Measures is a very diversified type of government service, it directly affects each and every one's lives on a daily basis.

The Chautauqua County Department of Weights and Meaures is also very active in the inspection of these commercial devices as well as the enforcement of Weights and Measure Law.

Last year this department inspected 2048 weighing and measuring devices.

Broken down as 659 retail computing scales, 80 pre-package scales, 37 vehicle scales, 33 prescription balances, 2 track scales, 4 hopper/tank scales, 139 platform scales, 8 livestock scales, 74 miscellaneous scales, 962 petroleum pumps, 35 vehicle tank meters, 15 linear devices.

We are also charged with conducting periodic inspections of gasoline for compliance with the New York State Petroleum Quality Law, last year we had 164 samples of both gasoline and diesel fuel tested for octane and cetane rating compliance. With the following results:

8 samples of 94-octane average test 94.08

50 samples of 93-octane average test 93.17

48 samples of 89-octane average test 89.32

36 samples of 87-octane average test 87.6

22 samples of 40-cetane average test 44.9

Package inspections of commodities packed out of store were 12,835 units of which 256 failed to meet net weight declaration and 4952 units packaged in store of which 628 failed to meet the net weight declaration.

This county also has an Item Pricing Law and a Waiver to the Item Pricing Law, which is enforced by this department. Last year we conducted 80 inspections representing 24000 packages, of which 213 items were overcharged to the customer, and 448 were undercharged.

The Item Pricing law does not apply to all retail stores in the county, only those stores that sell the following commodities:

1) Food including all material, solid, liquid, or mixed, whether simple or compound, used or intended for consumption by human beings or domestic animals normally kept as household pets and all substances or ingredients to be added thereto for any purpose;

2) Napkins, facial tissues, toilet tissues, and any disposable wrapping or container for the storage, handling or serving of food; and

3) Detergents, soaps, or other cleansing agents, and cleaning implements; and

4) Non-Prescription drugs, feminine hygiene products and health and beauty aids

Many stores have opted out of the item pricing law in favor of the Waiver to item pricing. This law requires that a store:

1) Make available to customers grease pencils, crayons, markers, or other marking devices suitable for writing individual prices on individual stock keeping items.

2) Make available to consumers a price checking scanner or other computer assisted checkout unit for confirming the price of a stock keeping item, retail stores containing five or fewer price check scanners or other computer assisted checkout unit may utilize all such units in the normal course of business provided that one is immediately available to consumers who request it for price confirmation

3) Post conspicuously signs stating that the retail store has been granted a waiver from item pricing, the waiver date, and consumers rights under such waiver.

4) Provide a super refund to consumers who have been overcharged as follows:

A) Any consumer who suffers a loss because the price charged for a stock-keeping item is greater than the lower of the item, shelf, sale, or advertised price may request a super refund by notifying the retail store in person or in writing of the loss

B) Within two days, the retail store shall pay to the consumer ten times the difference between the price charged and the lower of the item, sale, shelf or advertised price, but not less than one dollar nor more than ten dollars. If the loss involves two or more identical stock keeping units in one transaction, the super refund paid by the retail store shall be ten times the difference on a single item but no less than one dollar, nor more than ten dollars so that the super refund shall apply only to the first of two or more identical items purchased at the same time; The consumer shall also only pay the proper price for all such items.

C) If the retail store does not pay the super refund the consumer may request a hearing before the director.

Within 60 days of receipt of such request for hearing, the director shall hold a hearing and shall rule as to what payment, if any, is due.

The Chautauqua County Weights and Measures Department is located in the County Courthouse, Mayville, New York 14757, and may be reached at 753-4228