|
SEALER OF WEIGHTS & MEASURES
§319.55
As Sealer of Weights
and Measures, the Auditor acts in concert with both the Ohio Department
of Agriculture - Weights & Measures Division (ODA/W&M), and the National
Institute of Standards and Technology (NIST). {Note: NIST was formerly
known as the National Bureau of Standards (NBS).} The Auditor is
responsible for the inspection, testing and sealing of all devices used
in retail trade that weigh or measure. The Auditor is also responsible
for inspecting retail package labeling and price verification systems
(scanners). All inspections must be conducted in conformance with the
procedures and tolerances specified by State law and Federal regulation.
The primary sources for these procedures and tolerances are found in:
NBS Publication 133 -
"Checking the Net Contents of Packaged Goods"
NIST Handbook 44 - "Specifications, Tolerances, and Other Technical
Requirements for Weighing and Measuring Devices"
Ohio NTEP Handbook - Certificates of Conformance (with Updates)
ODA-W&M Examination Procedures Outlines Handbook
The Auditor must maintain several sets of test standards. The ODA-W&M
supplies a recommended minimum number and types of standards for the
Auditor’s use. These Standards include various certified weights, liquid
measures, volumetric measures, scales (both mechanical and electronic),
timers, and tape measures. Each standard must meet the same minimum
requirements for tolerances and specifications as the devices used by
retailers. The ODA-W&M, as a certified National Type Evaluation Program
(NTEP) Laboratory, tests and certifies the Auditor’s standards
periodically. Failure by any standard to meet the minimum tolerances
results in the standard being rejected for use. The Auditor must then
either repair or replace the standard and then resubmit it to the NTEP
Laboratory.
Most devices used in retail trade must meet certain minimum standards
and possess an NTEP Certificate of Conformance (COC) as of March 1, 1991
(§901:6-2-01 OAC). Examples of the devices needing a COC are retail
motor fuel dispensers, shipping scales, bench and counter scales,
vehicle scales, computing scales, and electronic cash registers when
used as part of a point-of-sale system. This certificate is obtained by
the device manufacturer after submitting the device to an NTEP
Laboratory for testing. If a device is required to have a COC but does
not have a COC, it cannot be used in retail trade.
The Auditor has the authority to accept, reject, or condemn any device
or product that does not meet the tolerances specified by law. This
includes the physical removal of the devices or products from the
premises of the retail establishment. Should the Auditor remove any
nonconforming devices or products, he must safeguard them from any
possible corruption or deterioration as they may be entered into a court
of law as evidentiary matter. The Auditor also may close a retailer or
prevent it from commencing retail business if it fails to use NTEP
certified devices.
For certain inspections, the Auditor will work directly with the ODA-W&M
Inspectors. These inspections usually involve large capacity (vehicle)
scales, special investigations, railcar scales, compressed natural gas (CNG)
and liquefied petroleum (LP) gas dealers, and hopper scales. These
inspections are performed by the ODA/W&M partially because the cost of
the test standards is prohibitive to counties.
The Auditor’s inspectors are required by the Ohio Administrative Code,
§901:6-9-01, to meet certain minimum training requirements. The
failure by the Auditor’s inspectors to meet and maintain these minimum
training requirements could result in all inspections performed by the
noncomplying inspector being declared null and void.
|
