United States of America
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Economy Detail
1. Laws of Metrology
In the United States, both national (Federal) and State laws on weights and measures apply. The Federal commercial weights and measures laws concern particular products (for example, only meat and poultry) or groups of products (for example, only consumer packaged goods) and supersede State laws. Laws and regulations of the 50 U.S. states govern the vast bulk of commercial trade measurements.
The Federal laws on commercial trade, public and worker health and safety, and protection of the environment are contained in the U.S. Code and the regulations are contained in the U.S. Code of Federal Regulations. State laws and regulations are independent of each other. Often, local ordinances and regulations add additional complexity to trade measurement regulations.
At the State level, each State enacts its own laws and regulations that cover all commercial weights and measures transactions, including those matters covered by Federal law. This permits the States to enforce legal requirements on all weights and measures matters.
This decentralized structure and application of commercial weights and measures led to the establishment of the National Conference on Weights and Measures (NCWM) in 1905 by the National Bureau of Standards; the NCWM is still supported by the National Institute of Standards and Technology (NIST), formerly the National Bureau of Standards. NCWM, Inc. is an independent national professional organization that produces model laws and regulations and encourages their adoption by State and local agencies. All 50 States have adopted the NIST Handbook 44 “Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices” as have several agencies of the U.S. Department of Agriculture. These model laws are compatible with all Federal laws and thus a high degree of uniformity prevails.
The Federal laws on commercial trade, public and worker health and safety, and protection of the environment are contained in the U.S. Code and the regulations are contained in the U.S. Code of Federal Regulations. State laws and regulations are independent of each other. Often, local ordinances and regulations add additional complexity to trade measurement regulations.
At the State level, each State enacts its own laws and regulations that cover all commercial weights and measures transactions, including those matters covered by Federal law. This permits the States to enforce legal requirements on all weights and measures matters.
This decentralized structure and application of commercial weights and measures led to the establishment of the National Conference on Weights and Measures (NCWM) in 1905 by the National Bureau of Standards; the NCWM is still supported by the National Institute of Standards and Technology (NIST), formerly the National Bureau of Standards. NCWM, Inc. is an independent national professional organization that produces model laws and regulations and encourages their adoption by State and local agencies. All 50 States have adopted the NIST Handbook 44 “Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices” as have several agencies of the U.S. Department of Agriculture. These model laws are compatible with all Federal laws and thus a high degree of uniformity prevails.
2. Legal Units of Measurement
The United States is signatory of the Treaty of the Meter (1875). The international meter and kilogram are the fundamental standards of the nation. The U.S. customary (inch-pound) system of weights and measures is defined in terms of the meter and kilogram as follows:
Length: 1 yard = 0.9144 m exactly,
Mass: 1 pound (avoirdupois) = 0.45359237 kg exactly.
The use of the U.S. customary system is provided for in Federal and State law; the use of the metric system is authorized by Federal and State law.
Information on units, systems, and tables of weights and measures is included in NIST Handbook 44 “Specifications, Tolerances, and Other Technical Requirements for Commercial Weighing and Measuring Device”. To assist in the U.S. conversion to SI units, the Federal Government now specifies its purchases in SI units. The Federal Fair Packaging and Labeling Act was revised to require metric (SI) units on consumer packages.
Length: 1 yard = 0.9144 m exactly,
Mass: 1 pound (avoirdupois) = 0.45359237 kg exactly.
The use of the U.S. customary system is provided for in Federal and State law; the use of the metric system is authorized by Federal and State law.
Information on units, systems, and tables of weights and measures is included in NIST Handbook 44 “Specifications, Tolerances, and Other Technical Requirements for Commercial Weighing and Measuring Device”. To assist in the U.S. conversion to SI units, the Federal Government now specifies its purchases in SI units. The Federal Fair Packaging and Labeling Act was revised to require metric (SI) units on consumer packages.
3. Structure of Metrological Control Authorities
3.1 National Organization for Legal Metrology
On the Federal level, the main authority in matters of commercial weights and measures is:
Office of Weights and Measures (OWM)
100 Bureau Drive, MS 2600
National Institute of Standards and Technology (NIST)
Gaithersburg, MD 20899-2600 U.S.A.
Telephone: 1-301-975-4004
Web: https://www.nist.gov/pml/weights-and-measures
The Office of Weights and Measures (OWM) at NIST is responsible for the distribution and calibration of the physical reference standards used by each State (State standards). Also, the NIST OWM provides the secretariat for the National Conference on Weights and Measures (NCWM), and therefore provides the technical and administrative assistance to the National Conference in the drafting of model laws and regulations. NIST publishes annual editions of NIST Handbooks 44 and 130 and periodically publishes other handbooks on laboratory and field procedures.
A separate office within the NIST OWM, the International Legal Metrology Program has responsibility for all OIML activities and manages U.S. representation and participation under the terms of the Convention of the Treaty. The manager of the program is the U.S. member of the International Committee of Legal Metrology (CIML).
In the United States, the responsible authorities for non-traditional metrology services such as occupational health and safety, medical applications and pollution measurement and control exist in various Federal and State departments and agencies.
3.2 National Organization Responsible for Maintaining Primary Standards
The United States Primary Standards are held and maintained by the National Institute of Standards and Technology (NIST). State laws require that their standards maintain traceability to the national standards held by NIST.
3.3 Regional and Local Verification Organization
Each State has one or more regulatory bodies in the field of weights and measures. These bodies are often in each State’s Department of Agriculture. Some States also have local enforcement bodies at the county and city levels. A directory of these bodies is available from the NIST OWM (see clause 3.1). The OWM accredits State Weights and Measures Laboratories in mass, volume, length, and temperature.
3.4 Instrument Calibration and Evaluation Systems
The NCWM sponsors the National Type Evaluation Program (NTEP) for evaluating commercial measuring devices. Application forms, criteria, and test procedures for type evaluation are available from:
NTEP Administrator
The National Conference on Weights and Measures, Inc.
1135 M Street
Suite 110
Lincoln, NE 68508 U.S.A.
Telephone: 402-434-4880
E-mail: [email protected]
Web: www.ncwm.net/committees/ntep
Measuring devices which are not commercial trade devices can be calibrated by NIST, by laboratories traceable to NIST, or by service companies using other standards calibrated by NIST or by secondary laboratories.
A great number of metrology laboratories (about 500) are members of an Association called NCSL International (formerly the National Conference of Standards Laboratories). This Association aims to solve problems common to calibration laboratories, in particular, by organizing symposia and training courses. NIST is a member of NCSLI.
3.5 Accreditation Systems for Legal Metrology, Calibration and Testing Laboratories. Traceability to National, Regional, International or Foreign Measurement Standards
Within the U.S.A., many sectors of the economy look to laboratory accreditation and related efforts to provide some assurance of the technical proficiency and competence of an entity to assess a product’s or service’s conformance to a set of prescribed standards. Requirements and assessment criteria vary by program and according to the product, system, or service being assessed. Federal, State and local governments have various laboratory accreditation programs as well as private-sector professionals and trade organizations.
One such Federal program, the National Voluntary Laboratory Accreditation Program (NVLAP) at NIST, is applicable to calibration and testing laboratories seeking accreditation based on compatibility with international standards. The program activities are operated in conformance with ISO/IEC Guides 58 and ISO/IEC 7025. Accreditation is available to commercial labs, manufacturer’s in-house labs, university labs, and Federal, State and local government facilities.
Ordering information on the following NIST publications on U.S. accreditation activities may be obtained from the NCSCI:
3.6 Legal and Applied Metrological Activities in Products Certification
In the United States, the Trade Agreements Act of 1979 implemented U.S. acceptance of the Standards Code of the General Agreement on Tariffs and Trade (GATT). Title IV of the Act specifies obligations for the Federal government, including responsibilities with regard to certification. Moreover, the Federal government is required to take reasonable measures to assure compliance with the requirements of the Act by State governments and the private sector.
There are many private sector organizations that engage in product certification activities. Some information on this subject may be found in the following publications:
3.7 Legal and Applied Metrological Activities in ISO Quality Management System
The ISO 9000 Standard Series was implemented in the United States through development of ANSI/ASQC (American National Standards Institute/American Society for Quality Control) Q90 Series and later changed to the ANSI/ASQC Q9000 Series. ANSI is the U.S. member organization in ISO, and through its National Committee, is the U.S. member organization in IEC. Interest in quality improvement has become the focus in many Federal, States and local governmental agencies as well as a key business strategy among companies. Hence, some Federal agencies, such as the U.S. Food and Drug Administration’s Center for Medical Devices and Radiological Health harmonizes its Good Manufacturing Practices guidelines with a supplemented version of ISO 9001 and the Department of Defense has adopted the ANSI / ASQC Q90 Standard Series for use as appropriate. The interest these standards have generated throughout the public and private sector has resulted in an increase in the number of U.S.-based organizations offering quality system registration
The NIST Standards Coordination Office has been designated to serve as the clearing house for the dissemination of Federal agency activities related to the ISO 9000 Series.
On the Federal level, the main authority in matters of commercial weights and measures is:
Office of Weights and Measures (OWM)
100 Bureau Drive, MS 2600
National Institute of Standards and Technology (NIST)
Gaithersburg, MD 20899-2600 U.S.A.
Telephone: 1-301-975-4004
Web: https://www.nist.gov/pml/weights-and-measures
The Office of Weights and Measures (OWM) at NIST is responsible for the distribution and calibration of the physical reference standards used by each State (State standards). Also, the NIST OWM provides the secretariat for the National Conference on Weights and Measures (NCWM), and therefore provides the technical and administrative assistance to the National Conference in the drafting of model laws and regulations. NIST publishes annual editions of NIST Handbooks 44 and 130 and periodically publishes other handbooks on laboratory and field procedures.
A separate office within the NIST OWM, the International Legal Metrology Program has responsibility for all OIML activities and manages U.S. representation and participation under the terms of the Convention of the Treaty. The manager of the program is the U.S. member of the International Committee of Legal Metrology (CIML).
In the United States, the responsible authorities for non-traditional metrology services such as occupational health and safety, medical applications and pollution measurement and control exist in various Federal and State departments and agencies.
3.2 National Organization Responsible for Maintaining Primary Standards
The United States Primary Standards are held and maintained by the National Institute of Standards and Technology (NIST). State laws require that their standards maintain traceability to the national standards held by NIST.
3.3 Regional and Local Verification Organization
Each State has one or more regulatory bodies in the field of weights and measures. These bodies are often in each State’s Department of Agriculture. Some States also have local enforcement bodies at the county and city levels. A directory of these bodies is available from the NIST OWM (see clause 3.1). The OWM accredits State Weights and Measures Laboratories in mass, volume, length, and temperature.
3.4 Instrument Calibration and Evaluation Systems
The NCWM sponsors the National Type Evaluation Program (NTEP) for evaluating commercial measuring devices. Application forms, criteria, and test procedures for type evaluation are available from:
NTEP Administrator
The National Conference on Weights and Measures, Inc.
1135 M Street
Suite 110
Lincoln, NE 68508 U.S.A.
Telephone: 402-434-4880
E-mail: [email protected]
Web: www.ncwm.net/committees/ntep
Measuring devices which are not commercial trade devices can be calibrated by NIST, by laboratories traceable to NIST, or by service companies using other standards calibrated by NIST or by secondary laboratories.
A great number of metrology laboratories (about 500) are members of an Association called NCSL International (formerly the National Conference of Standards Laboratories). This Association aims to solve problems common to calibration laboratories, in particular, by organizing symposia and training courses. NIST is a member of NCSLI.
3.5 Accreditation Systems for Legal Metrology, Calibration and Testing Laboratories. Traceability to National, Regional, International or Foreign Measurement Standards
Within the U.S.A., many sectors of the economy look to laboratory accreditation and related efforts to provide some assurance of the technical proficiency and competence of an entity to assess a product’s or service’s conformance to a set of prescribed standards. Requirements and assessment criteria vary by program and according to the product, system, or service being assessed. Federal, State and local governments have various laboratory accreditation programs as well as private-sector professionals and trade organizations.
One such Federal program, the National Voluntary Laboratory Accreditation Program (NVLAP) at NIST, is applicable to calibration and testing laboratories seeking accreditation based on compatibility with international standards. The program activities are operated in conformance with ISO/IEC Guides 58 and ISO/IEC 7025. Accreditation is available to commercial labs, manufacturer’s in-house labs, university labs, and Federal, State and local government facilities.
Ordering information on the following NIST publications on U.S. accreditation activities may be obtained from the NCSCI:
- Laboratory Accreditation in the United States (NIST IR 4576);
- Directory of Federal Government Laboratory Accreditation/Designation Programs (NIST SP 808);
- Directory of State and Local Government Laboratory Accreditation/Designation Programs (NIST SP 815); and
- Directory of Professional Trade Organization Laboratory Accreditation/Designation Programs (NIST SP 831).
3.6 Legal and Applied Metrological Activities in Products Certification
In the United States, the Trade Agreements Act of 1979 implemented U.S. acceptance of the Standards Code of the General Agreement on Tariffs and Trade (GATT). Title IV of the Act specifies obligations for the Federal government, including responsibilities with regard to certification. Moreover, the Federal government is required to take reasonable measures to assure compliance with the requirements of the Act by State governments and the private sector.
There are many private sector organizations that engage in product certification activities. Some information on this subject may be found in the following publications:
- The ABC’s of Certification Activities in the United States (NBS IR 88-3821);
- Directory of Federal Government Certification Programs (NBS SP 739); and
- Directory of Private Sector Product Certification Programs (NIST SP 774).
3.7 Legal and Applied Metrological Activities in ISO Quality Management System
The ISO 9000 Standard Series was implemented in the United States through development of ANSI/ASQC (American National Standards Institute/American Society for Quality Control) Q90 Series and later changed to the ANSI/ASQC Q9000 Series. ANSI is the U.S. member organization in ISO, and through its National Committee, is the U.S. member organization in IEC. Interest in quality improvement has become the focus in many Federal, States and local governmental agencies as well as a key business strategy among companies. Hence, some Federal agencies, such as the U.S. Food and Drug Administration’s Center for Medical Devices and Radiological Health harmonizes its Good Manufacturing Practices guidelines with a supplemented version of ISO 9001 and the Department of Defense has adopted the ANSI / ASQC Q90 Standard Series for use as appropriate. The interest these standards have generated throughout the public and private sector has resulted in an increase in the number of U.S.-based organizations offering quality system registration
The NIST Standards Coordination Office has been designated to serve as the clearing house for the dissemination of Federal agency activities related to the ISO 9000 Series.
4. Range of Equipment Subject to Legal Metrology
In general, all instruments or measuring systems for weighing or measuring in commercial transactions are subject to legal control. Legal control over these devices is largely exercised by the individual States. The types of devices are those covered in NIST Handbook 44.
Other instruments, such as utility meters (water, gas and electrical energy meters), as well as instruments used in health care and protection, etc., may also be subject to regulation by governmental agencies other than the weights and measures services.
Other instruments, such as utility meters (water, gas and electrical energy meters), as well as instruments used in health care and protection, etc., may also be subject to regulation by governmental agencies other than the weights and measures services.
5. National Technical Regulations
Legal Requirements of Traceability
State laws require State primary standards to maintain traceability to the national standards held by the National Institute of Standards and Technology.
State laws require State primary standards to maintain traceability to the national standards held by the National Institute of Standards and Technology.
6. Type Approval
6.1 Legal and Technical Requirements for Type Approval
The National Type Evaluation Program (NTEP) is operated by the National Conference on Weights and Measures, the States, and the private sector. The program determines the conformance of a “type” of device or system with the relevant provisions of NIST Handbook 44. Evaluations are conducted on a fully cost-reimbursable basis. If the device or system meets all of the requirements, NCWM issues a Certificate of Conformance, copies of which are sent to the manufacturer and to each State. The States, in turn, accept these certificates as evidence of compliance with State laws and regulations requiring type approval.
6.2 Authority Responsible for Issuing Type Approval
Under the National Type Evaluation Program, NCWM is the authority responsible for issuing type approval certificates.
6.3 Recognition/Acceptance of OIML Certificates
This subject is under development. At the current time, the US is a utilizing participant (through NCWM) for OIML R60 for load cells.
6.4 Authority Responsible for Testing for Type Approval
That type evaluation testing process is conducted by NTEP; it includes authorized Federal and State laboratories, and for certain devices, the Legal Metrology Branch of Measurement Canada.
6.5 List of Major Test Facilities Available
NTEP-authorized U.S. test facilities are located at NIST, the U.S. Department of Agriculture’s Federal Grain Inspection Service, and the States of California, Maryland, New York, North Carolina and Ohio.
The National Type Evaluation Program (NTEP) is operated by the National Conference on Weights and Measures, the States, and the private sector. The program determines the conformance of a “type” of device or system with the relevant provisions of NIST Handbook 44. Evaluations are conducted on a fully cost-reimbursable basis. If the device or system meets all of the requirements, NCWM issues a Certificate of Conformance, copies of which are sent to the manufacturer and to each State. The States, in turn, accept these certificates as evidence of compliance with State laws and regulations requiring type approval.
6.2 Authority Responsible for Issuing Type Approval
Under the National Type Evaluation Program, NCWM is the authority responsible for issuing type approval certificates.
6.3 Recognition/Acceptance of OIML Certificates
This subject is under development. At the current time, the US is a utilizing participant (through NCWM) for OIML R60 for load cells.
6.4 Authority Responsible for Testing for Type Approval
That type evaluation testing process is conducted by NTEP; it includes authorized Federal and State laboratories, and for certain devices, the Legal Metrology Branch of Measurement Canada.
6.5 List of Major Test Facilities Available
NTEP-authorized U.S. test facilities are located at NIST, the U.S. Department of Agriculture’s Federal Grain Inspection Service, and the States of California, Maryland, New York, North Carolina and Ohio.
7. Verification (Conformity Assessment), Inspection and Re-verification
7.1 Legal and Technical Requirements for Verification
The type evaluation is the first step of the regulatory process. Further steps include initial and subsequent verification by the States or local weights and measures agencies of the production devices or systems manufactured in conformance with the “type” described in a Certificate of Conformance and installed in a commercial application.
7.2 Range of Equipment Verified and Re-verified and any Statistical Information Available
In general, all instruments or measuring systems for weighing or measuring in commercial transactions are subject to initial verification and periodic re-verification by the States. Some statistical information is currently gathered by the States.
The type evaluation is the first step of the regulatory process. Further steps include initial and subsequent verification by the States or local weights and measures agencies of the production devices or systems manufactured in conformance with the “type” described in a Certificate of Conformance and installed in a commercial application.
7.2 Range of Equipment Verified and Re-verified and any Statistical Information Available
In general, all instruments or measuring systems for weighing or measuring in commercial transactions are subject to initial verification and periodic re-verification by the States. Some statistical information is currently gathered by the States.
8. Legal Metrology Practitioners
8.1 Numbers
Approximately 4000 State and local weights and measures officials reporting to about 800 independent agencies enforce the Federal, State, and local regulations and Laws governing commercial transactions. Another 8000 Federal officials enforce meat and poultry regulations under the U.S. Department of Agriculture Food Safety and Inspection Service. Federal agents at the Food and Drug Administration, U.S. Treasury’s Customs Service, Bureau of Alcohol, Tobacco, and Firearms, the Federal Trade Commission, and the U.S. Department of Commerce’s National Fisheries Service all provide some commercial trade enforcement and regulatory services. Approximately 65,000 private service and repair agents are licensed by the States to install and place repaired devices into service without government presence.
8.2 Qualification/Training
Qualifications and minimum training varies depending upon the government agency or private company that employs the inspector. Minimum requirements for some State and Federal jurisdictions are a bachelor’s degree with approximately 9-12 weeks formal training, 6 months on-the-job training, and final examinations in specific core capabilities leading to formal licenses. In other jurisdictions, minimum requirements may only be a high-school diploma with several months of on-the-job partnership with more experienced personnel, requiring no formal course work or examination.
8.3 Training Organizations and Courses Organized
The NIST Office of Weights and Measures has managed (for the NCWM) the development of weights and measures short courses culminating in the publication of “modules” of trainer and student manuals for 3 to 5 day courses. NIST Office of Weights and Measures also provides training in weights and measures laboratory metrology and specialized training such as liquid propane gas meter testing and packaged commodity training. State weights and measures agencies provide their own training staff, and contact for training from their sister agencies, local colleges, and management training providers. The U.S. Department of Agriculture operates a meat and poultry inspector school in Denton, Texas.
8.4 Range of Functions Weights and Measures organizations in the U.S.A:
- Regulate commercial weighing and measuring devices;
- Inspect and test the accuracy of the devices;
- License commercial weighers who provide weighing services for hire (called “weighmasters”), license installers and repairers of commercial measuring devices;
- Regulate and inspect commercial trade practices including advertising, labeling, and other disclosure information; and
- Check packaged commodities for general labeling and net contents accuracy.
Approximately 4000 State and local weights and measures officials reporting to about 800 independent agencies enforce the Federal, State, and local regulations and Laws governing commercial transactions. Another 8000 Federal officials enforce meat and poultry regulations under the U.S. Department of Agriculture Food Safety and Inspection Service. Federal agents at the Food and Drug Administration, U.S. Treasury’s Customs Service, Bureau of Alcohol, Tobacco, and Firearms, the Federal Trade Commission, and the U.S. Department of Commerce’s National Fisheries Service all provide some commercial trade enforcement and regulatory services. Approximately 65,000 private service and repair agents are licensed by the States to install and place repaired devices into service without government presence.
8.2 Qualification/Training
Qualifications and minimum training varies depending upon the government agency or private company that employs the inspector. Minimum requirements for some State and Federal jurisdictions are a bachelor’s degree with approximately 9-12 weeks formal training, 6 months on-the-job training, and final examinations in specific core capabilities leading to formal licenses. In other jurisdictions, minimum requirements may only be a high-school diploma with several months of on-the-job partnership with more experienced personnel, requiring no formal course work or examination.
8.3 Training Organizations and Courses Organized
The NIST Office of Weights and Measures has managed (for the NCWM) the development of weights and measures short courses culminating in the publication of “modules” of trainer and student manuals for 3 to 5 day courses. NIST Office of Weights and Measures also provides training in weights and measures laboratory metrology and specialized training such as liquid propane gas meter testing and packaged commodity training. State weights and measures agencies provide their own training staff, and contact for training from their sister agencies, local colleges, and management training providers. The U.S. Department of Agriculture operates a meat and poultry inspector school in Denton, Texas.
8.4 Range of Functions Weights and Measures organizations in the U.S.A:
- Regulate commercial weighing and measuring devices;
- Inspect and test the accuracy of the devices;
- License commercial weighers who provide weighing services for hire (called “weighmasters”), license installers and repairers of commercial measuring devices;
- Regulate and inspect commercial trade practices including advertising, labeling, and other disclosure information; and
- Check packaged commodities for general labeling and net contents accuracy.
9. Packaging
9.1 Legislative Control for Packaging
The NCWM Uniform Packaging and Labeling Regulation serve as the basis for individual State legislation and has been adopted in most States. It is updated annually and has been made fully compatible with the Federal Fair Packaging and Labeling Act and all other Federal laws having to do with the subject. The text is included in NIST Handbook 130 “Uniform Laws and Regulations”. NIST Handbook 133 “Checking the Net Content of Packaged Goods” has been adopted by Federal and State agencies.
9.2 Organization Responsible
Several Federal agencies as well as the various States are responsible for administering the packaging and labeling laws and regulations.
The NCWM Uniform Packaging and Labeling Regulation serve as the basis for individual State legislation and has been adopted in most States. It is updated annually and has been made fully compatible with the Federal Fair Packaging and Labeling Act and all other Federal laws having to do with the subject. The text is included in NIST Handbook 130 “Uniform Laws and Regulations”. NIST Handbook 133 “Checking the Net Content of Packaged Goods” has been adopted by Federal and State agencies.
9.2 Organization Responsible
Several Federal agencies as well as the various States are responsible for administering the packaging and labeling laws and regulations.
10. Sanctions
Sanctions vary from State to State as well as at the Federal level and may include administrative, criminal or civil penalties.