2023_NCWM Newsletter, Issue #2

Inside This Issue: - Chairman's Column - NTEP Column - Safety Column - 108rd NCWM Annual Meeting - Tip of the Month - Looking Forward - Event Calendar -Draft Strategic Plan -Price Verification Article -Voting Twice Per Year Article

NCWM NEWS National Conference on Weights and Measures

2023 Issue 2

Chairman’s Column..........................1 Draft Strategic Plan...........................3 NTEP Column...................................10 108th Annual Meeting........................12 2024 Interim Meeting........................14 Event Calendar..................................14 The Meetup........................................15 Voting Twice Per Year ........................16 Tip of The Month................................17 Safety Column.....................................19 Price Verification................................. .22 NTEP Quick Guide.............................24 Be an Exhibitor.....................................25

Chairman ’ s Column Mahesh Albuquerque, NCWM Chairman — State of Colorado

Dear NCWM Colleagues I am so grateful for the opportunity to serve as your NCWM Chairman. Little did I know that these past two years would be some of the most fulfilling in my career. I think it is primarily because of amazing people like you, the members of NCWM. You have inspired me with your passion for weights and measures, ensuring equity in the marketplace and especially your camaraderie and friendship. If you are actively involved as a volunteer with the NCWM I thank you for your service, and if you are not I encourage you to get involved, the experience and its impact on your career is priceless. I am thankful for the opportunity to once again engage with many of you at your regional meetings and share updates from the NCWM. NCWM Chair-Elect Gene Robertson and I attended the Western and the Southern meetings last fall, and I am looking forward to participating in the Northeast and Central meetings in May. In April, NCWM Executive Director Don Onwiler and I had the opportunity to represent NCWM at the first International Conference on Weighing (ICW), and engage with our European counterparts. The conference was very successful and included over 200 attendees from 22 countries. Many attendees who had worked with NCWM or NTEP were very complimentary of our service, while others were very interested in learning more about NCWM, and there was a lot to share and learn from each other. You may recall last July in Tacoma, I announced my theme for this year “Collaborating with Partners and Stakeholders for a Greater Measure of Equity” and in this last newsletter as your Chairman, I would like to highlight some accomplishments. About a month ago, in mid-April, we distributed NCWMs Draft Strategic Plan to all State Directors for review and comment, and in this newsletter, you will also find a copy of the same for your review and comment. I am excited about the four overarching goals within the Strategic Plan: • Improve the Standards Development Process • Strengthening Partner and Stakeholder Relationships

NCWM Headquarters 1135 M Street, Suite 110 Lincoln, Nebraska 68508 P. 402.434.4880

E. info@ncwm.com W. www.ncwm.com

Don Onwiler Executive Director Darrell Flocken NTEP Administrator

Jeff Gibson NTEP Specialist Elisa Stritt Meeting Planner

Danyelle Dolan Project Coordinator Allen Katalinic NTEP Evaluator Ed Payne NTEP Evaluator Richard Shipman VCAP Auditor

NCWM-News 1

Chairman’s Column Cont.

• Professional Development Offerings • NTEP Growth

Finally, I want to give a big shout out to Don and all the NCWM staff who work tirelessly behind the scenes everyday to ensure you receive outstanding customer service, and NCWM remains successful. Unknown to many of you, our NCWM staff had to vacate our office in downtown Lincoln at very short notice in January because of environmental and safety issues and move to a temporary office in Lincoln which they did gracefully and seamlessly while we search for a new office location. Give them a big Thank You the next time you see them, in Norfolk or sometime sooner. Thanks.

I think these goals capture what we have heard from our members and customers, and with your feedback, we hope to refine and finalize this Strategic Plan. We are also close to launching a pilot Registered Service Agent Program with Retail Motor Fuel and Weighing Devices for service technicians from across the country. It is my honor as NCWM Chairman to invite you to attend the 108th NCWM Annual Meeting July 30 - August 3, 2023 in Norfolk Virginia. Besides the hotel being located in the heart of the city’s charming downtown district, and close to the historic USS Wisconsin, this year’s NCWM Annual meeting is going to be exceptional. At the Annual Meeting, we will have a signing ceremony for an updated Memorandum of Agreement (MOA) with our primary partner the NIST Office of Weights and Measures. We have invited the newly formed Community for All Legal Metrologists (CALM) to host their meeting at our Annual Meeting so you can visit with them on Sunday. We are also very excited to host a special session on Women in Weights and Measures that will be both informative and inspiring. These are just a few items on the extensive agenda, and I hope they entice you to attend the annual meeting or better yet motivate you to bring along someone from your organization who may not have had an opportunity to attend an NCWM Annual meeting before. Giving someone from your organization the opportunity to experience an NCWM meeting will reinvigorate their passion about weights and measures and will surely improve your program, and in a few years, they may be representing your state and taking on leadership roles at NCWM.

USS Wisconsin- This is docked in Norfolk, VA

How do you reach weights and measures professionals? Advertise in NCWM-News! www.ncwm.com/advertise

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2023 Issue 2

NCWM

DRAFT STRATEGIC PLAN 2023-2025

I. CHAIRMAN’S LETTER

My fellow NCWM members,

The National Conference on Weights and Measures is at a pivotal point in its history. The COVID pandemic has transformed the world and how business is transacted. In this “gig” economy consumers often choose convenience over accuracy. Purchases are happening more through e- commerce than in brick and mortar stores and technology is driving changes to measurement devices at a pace faster than standards development. The workforce across the country is changing and we are losing employees with decades of expertise at a faster pace than we can train new hires. We have an opportunity to address the challenges of the rapidly changing marketplace by implementing changes to many of our processes and the way we deliver service and our culture. If we are to fulfill our mission and meet the needs of our members and customers, we must be agile and transform the NCWM and the way we do business to stay relevant and lead. To meet marketplace challenges and turn them into opportunities, for growth and development we must use strategic planning best practices to develop a clear vision and mission. We must outline strategies and focus on key objectives with outcome based performance measures. The NCWM Board has used our strategic planning process as an opportunity to address the needs of our members and customers. Feedback from our members and stakeholders have helped develop this draft strategic plan, and your feedback after reviewing this draft document will refine it further. In order to meet the challenges ahead, and be prepared to take advantage of opportunities, we are doing a thorough review of how we do business, both internally and externally. Our focus is, and will continue to be, on what is best for the consumer, our members, the employees and the organization, and we are working to balance these needs. At NCWM, we are embracing change, working to remove barriers and roadblocks, and holding ourselves accountable. To achieve our vision of “Making Every Marketplace Transaction Fair and Equitable”, we must change; change our service delivery, and change our organization to provide the best service possible. The citizens of our great country deserve no less.

Sincerely,

Mahesh Albuquerque NCWM Chairman

NCWM STRATEGIC PLAN

II. NCWM HISTORY & STRUCTURE

The United States Constitution grants authority to the states to regulate weights and measures within their borders. This creates a unique set of challenges for regulators and industry. It is vital to interstate and international commerce that the standards implemented among the states are uniform in content and application. The National Conference on Weights and Measures (NCWM) found its beginnings in 1905 in an effort to bring stakeholders together to set national standards for voluntary adoption and implementation by the states. The various model standards adopted by NCWM are published annually by the National Institute of Standards and Technology in NIST Handbooks 44, 130, and 133. In addition, NCWM administers the National Type Evaluation Program (NTEP). This program provides certification that a manufacturer of a particular model or family of weighing or measuring devices is capable of meeting the United States Standards as adopted by NCWM. NTEP certification is now a requirement for new equipment placed in service in most states. NCWM membership includes state and local weights and measures officials, manufacturers, retailers, federal officials, and foreign officials, all with a common interest in setting fair and uniform standards. NCWM has become an example of successful partnering between all interests for the development of standards. In 1997, NCWM became a not-for-profit corporation. In 2008, NCWM opened its own headquarters office with full-time NCWM employees to manage the daily business of the corporation. With these changes in management structure, NCWM has been able to increase resources and programs, allowing for new opportunities to serve its stakeholders. NCWM consists of a Board of Directors, standing committees, and numerous sub-committees and technical sectors that carry out the standards development process. The officers and committee members are volunteers from the various states and industries. NIST Office of Weights and Measures and Measurement Canada provide technical advisors and expertise to the standards development process. NCWM partners with regional weights and measures associations for a grassroots system of getting items on the agenda. Voting on amendments to the model standards occurs at the NCWM annual meetings each July and the new standards become available for adoption by states the following January. Improving the standards development process remains NCWM’s primary focus while we work on strengthening partner and stakeholder relationships, rolling out more professional development offerings and NTEP Growth.

NCWM STRATEGIC PLAN

III. MISSION STATEMENT

The mission of the NCWM is Ensuring Equity and Uniform Standards in a Changing Marketplace . This statement encompasses every function of the NCWM to promote commerce and fair competition by leveling the playing field, ensure consumers “get what they pay for”, fostering confidence in marketplace transactions, and advancing economic growth.

IV. VISION

NCWM’s vision is Making Every Marketplace Transaction Fair and Equitable . This is an aspirational and motivational vision to which all our work relates, and was created by the board of directors, with input from staff, members, and stakeholders.

V. OVERARCHING GOALS, OBJECTIVES, STRATEGIES, & TIMELINES

This section describes NCWM’s overarching strategic initiatives that enable fulfillment of its mission and vision.

1. Improve the Standards Development Process.

Objective: To ensure NCWM stays relevant, and efficient as a standards development organization.

Measurement : Establish a culture of continuous process improvement. Identify and implement new process improvements every year that strengthen the effectiveness of NCWM operations.

Strategies and Timelines:

Update to Bylaws and Policies - Ongoing Consider items such as voting twice per year - Ongoing Conduct committee member and staff development training – Launch 2023

Develop additional Inspector Field Training Manuals, guidance documents, etc. - Ongoing Increase marketing and outreach to improve stakeholder engagement - Launch 2023

2. Strengthening Partner and Stakeholder Relationships

NCWM STRATEGIC PLAN

Objective: Increase NCWM effectiveness though collaboration with partners and stakeholders.

Measurement: More robust engagement and implementation of collaborative initiatives.

Strategies and Timelines:

Update the NCWM NIST Memorandum of Understanding for more robust collaboration – Launch July 2023 Engage with U.S. and International Standards and Trade Associations - Ongoing Actively participate in state and regional association meetings - Ongoing Collaborate with Associate members on educational training – Ongoing Collaborate with CALM (Community for All Legal Metrologists) - Launch July 2023

3. Professional Development Offerings

Objective: To meet the professional development needs of our members.

Measurement: An increased number of professional development training opportunities and an increase in use each year. Additional measures may be developed in the future.

Strategies and Timelines:

Increase the number of certification exams for weights and measures officials - Ongoing Provide NTEP training for weights and measures officials - Ongoing Develop a Registered Service Agent Program (RSAP) – Launch mid 2023 Develop Administrator Workshops with NIST collaboration – Launch 2024 Develop a technical conference and trade show – Launch 2025

4. NTEP Growth

Objective : Expand NTEP services to meet the needs of our customers: the manufacturers of weighing and measuring devices.

Measurement: Increase in NTEP certificates, evaluations, and audits.

Strategies and Timelines:

Expand NTEP and VCAP Device Types – Ongoing Increase NTEP Evaluators and VCAP Auditors to Improve NTEP Stability - Launch 2023 Expand In-House Expertise, and Facilitate Succession Planning - Ongoing Create an NCWM brick and mortar NTEP Laboratory – Launch in early 2025

NCWM STRATEGIC PLAN

VI. MEMBER FEEDBACK

Please take a few minutes to provide us with your feedback using this survey link:

NCWM Draft Strategic Plan Feedback Survey

NTEP Column

NTEP Certification of Software Programs or Standalone Applications Darrell Flocken NTEP Administrator

The goal of this article is to explain the approach that NTEP takes when certifying software programs or standalone applications that contain metrologically significant features and/or functions. At this point, you may be asking yourself, “What is a metrologically significant feature or function?” The easiest way to explain a metrologically significant feature or function is that its intended outcome impacts the weight or price that a customer sees or is charged for a commodity or service. A good example of this is when a Point-of-Sale System calculates a total price using the unit price times the net weight. Another example would be the calculation of a vehicle’s net weight based on the subtraction of the vehicle’s empty weight from its loaded weight. This is often referred to as a vehicle Weigh-In/Weigh-Out System. For NTEP to evaluate the software operation, it must be installed and running on the type of hardware that the software is intended to operate on in a real word application. If the application is intended to operate on an iPad or a Smartphone, the evaluation will be performed using the intended device and while the Certificate of Conformance will be issued for the software, it will also mention the specific operating system(s) and the minimum hardware requirements. In addition, the Certificate of Conformance will also mention the version of the software evaluated. The software version will be followed with the words “or higher” indicating that higher or newer versions of the software are covered by this Certificate of Conformance. While this is a correct understanding, the words “or higher” do not mean that you are not required to inform NTEP of any changes you make to the software. Remember the words “metrologically significant feature or function” explained at the beginning of this article? If the change made to the software adds a new feature or function or changes

an existing function that is metrologically significant, you are required to inform NTEP, in writing, of the nature of the change. Once informed of the changes, NTEP will review the information to determine if 1) the change is the addition of a new feature or function or 2) the feature or function is changed from how it previously operated, or if the change is a fix of a defect found in an existing feature or function. Features and functions that are new or operate differently than what was previously evaluated will require an evaluation. Bug fixes are not required to be evaluated. Once NTEP determines what, if any action is needed, the Certificate of Conformance holder will be notified, in writing, of the decision along with any required actions they need to take. One other thing that you should be aware of is that if your software is designed to operate on a generic hardware set such as a PC operating on Windows, no influence factor testing will be performed. If the software is operating on a specific hardware set it may be necessary for the system to undergo influence factor testing. Contact NTEP to discuss this possible need. For more information on this topic contact Darrell Flocken, NTEP Administrator at darrell.flocken@ ncwm.com or Jeff Gibson, NTEP Specialist at jeff. gibson@ncwm.com .

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2023 Issue 2

CHICAGO

JOIN US AT THE

Donald E. Stephens Convention Center Rosemont, IL. INTERNATIONAL POWDER & BULK SOLIDS SHOW 2023

Meet our experienced team, including Jay Visco, Jerry Finnegan, Julia Pisareva at Booth 2640 in Hall A.

A DVERTISEMENT

Coming Up! 108 th NCWM Annual Meeting July 30th - August 3rd | Norfolk, Virginia

The Annual Meeting is the high point of our year where all the hard work pays off. At this meeting, stakeholders will debate important proposals to amend the United States standards for weights and measures. When the debating is done, the votes will be cast. Our committees have their work cut out for them with some very full and diverse agendas. Committee agendas are available at https://www.ncwm.com/publication-16

MEETING LOCATION Norfolk Waterside Marriott 235 East Main Street Norfolk, Virginia 23510

Room Rate: $ 98 (Prevailing Government Per Diem) Reservation Discount Deadline: July 7th, 2023 Reserve your hotel room here!

EVENTS The Chairman’s Reception will honor Mahesh Albuqurque from the State of Colorado. The reception will be Sunday, July 30th from 5:30pm-7:00pm. The reception attire is business casual.

The Special Event will be held Wednesday, August 2nd, at the Military Aviation Museum. Attire will be causual, dress for warm weather.

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2023 Issue 2

NCWM-News 7

2022 Issue 2

Looking Forward...

EVENT CALENDAR

2023 May

2024 NCWM Interim Meeting January 7 - 10 | New Orleans, Louisiana

The Interim Meeting is where our standing committees come together to hear testimony on new proposals brought forth from the regional meetings as well as carryover items from the previous year. In addition, the committees will determine the status of each item for the voting session of our Annual Meeting in July. Presentations, testimony, and work sessions will occur through the week. Committee agendas will be available at www.ncwm.com/publication-15 MEETING LOCATION Royal Sonesta New Orleans 5300 Bourbon Street New Orleans, Louisiana 70130 Group Rate: $158 Prevailing Government Per Diem Make your hotel reservation here! Reservation Discount Deadline: December 15, 2023 EVENTS The Chairman’s Reception will honor Gene Robertson from the State of Mississippi. The reception will be Sunday, January 7th, from 5:30pm-7:00pm. Dress is business casual.

CWMA Annual Meeting Grand Rapids, Michigan May 15- 18 July 108 h NCWM Annual Meeting Norfolk, Virginia July 30 - August 3 August NTEP Grain Analyzer Sector Meeting Kansas City, Missouri August 9 NTEP Weighing/Belt Conveyor Sector Meeting Austin, Texas August 22-23 September WWMA Annual Meeting Sparks, Nevada September 17- 21 NTEP Measuring Sector Meeting Milwaukee, Wisconsin September 19 - 21 NTEP Software Sector Meeting Milwaukee, Wisconsin September 19 - 21

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The Meetup

new attendees at each meeting. Our veteran attendees are one of our most valuable assets and their leadership creates such a positive culture within our group. We all remember our first NCWM meeting, or a similar situation, where one person went out of their way to welcome us. That positive first impression helps build an inclusive sense of community and long-lasting relationships which then snowballs to the next “new” attendees. Another question from the survey asked how many NCWM meetings the recipient had attended. The highest response, 30%, was that the attendee had attended 2 - 5 meetings; 23% reported this being their first meeting; 22% reported 6 - 10 meetings; 20% reported 11 -20 meetings; 5% reported more than 20 meetings. What more can be done to retain that 23% of first-time attendees? What made that 30% of attendees who have attended 2 – 5 come back? These are the questions we at NCWM ask ourselves regularly. Of course, many factors play into this, but when looking at the post-meeting survey there is no question that it is the comradery grown from within our meetings which brings them back. One surefire way to break the ice as a new attendee is by joining us the night before the meeting commences at our traditional karaoke night! Let’s keep in mind that this “tradition” started just two meetings ago, but traditional nonetheless. Meeting registrants can expect an informational email from me about a week prior to the meeting including details on time and location for karaoke. This activity is completely optional and not sponsored in any way, but it has proven to be a highlight of our week so I hope to see you there. Our special event at this year’s Annual Meeting takes us to the Military Aviation Museum in Virginia Beach for a South Pacific Luau. It will be a HOT one in a non-air-conditioned hangar so please plan accordingly. I encourage you to wear your favorite Hawaiian shirt, hat, and sunglasses. We have arranged a flight demo and a dueling piano show so you can plan for a fun evening. Remember, this is an all-inclusive event- transportation, entertainment, food and beverage- all on us! The early-bird deadline for our Annual Meeting registration and hotel room block is July 7 so there is still plenty of time to get that discounted rate. All important information can be found on NCWM. com on the Annual Meeting page and while there, you might as well look ahead to where we will “pass a good time” at the 2024 Interim Meeting! See you in July.

Elisa Stritt Meeting Planner

Ahhh springtime… The birds are chirping, flowers are blooming, and here at NCWM, we are happily consumed with Annual Meeting preparation. Meeting registrations are pouring in, we’re working through the fine details of the schedule, and navigating through the inevitable last-minute curveballs. It’s fair to say this is my favorite time of year; you can’t beat the electric energy within our office as we work against the clock! This year’s Annual Meeting takes us to Norfolk, Virginia where the NCWM Board of Directors and Committees hold Open Hearings on agenda items and NCWM members vote on amendments to standards. It is a week filled with productive conversation, professional growth, and networking. Whether you’ve attended for years or this will be your first time, there are plentiful opportunities to meet new weights and measures professionals from all over the country. After our Interim Meeting I emailed attendees a survey and one of the questions asked, “What is your favorite thing about NCWM meetings?”; the top comments were expressing gratitude for the opportunity to spend a week with other weights and measures professionals who understand the same day-to- day challenges. Back at home, we are often met with, “What is weights and measures? What do you do?!” from which we leave the conversation confident the inquirer still has confusion. That does not happen at NCWM meetings. Our attendees find themselves in good company: coffee pot talk about agenda items, sharing meals with new and old friends, and afterhours conversations with others who have the same mission for equity. I ask you to join us in Norfolk to not only take part in amending important standards for our country, but also to join in our community where you will fit right in. We spoke some at the Interim Meeting in Savannah about how to welcome new attendees and make clearer the process of NCWM. Perhaps the most impactful way to do so is by asking our veteran attendees to make a point to meet a handful of

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2023 Issue 2

Voting Twice Per Year

mechanism has been proposed to ensure Committee Members are involved and available whenever necessary. • Committee Reports – Some members questioned how Committee reports would be written [who would hold which responsibilities with Committee Member rotations]. While this would require a change, a mechanism has been proposed to ensure Committee Members are involved and responsible when applicable. • Open Hearings – The FG suggested splitting Open Hearings into two sessions, one for Voting Items and another for all other agenda items. Some members questioned how the meeting agenda would look and how the meeting itself would function. The FG drafted a mock agenda to demonstrate an example of the flow and rough timelines for a meeting [without extending the meeting beyond the traditional Thursday gavel closing]. • Length of Time for an Item on an Agenda – The FG proposed limiting time for agenda items that “do not pass, but do not fail.” Many members preferred to focus on a time restriction for Developing Items instead of the aforementioned. The FG amended the proposal to address Developing Items only, which will no longer require a bylaw change rather it will now require a policy change. • Increased Cost for Members – Some NCWM members only attend the Annual Meeting [due to voting] but do not attend the Interim Meeting. This change would urge these members to attend another meeting [and incur the related travel costs]. The Interim Meeting would also be extended for one additional day with increased registration fees, which would result in an increase in travel expense [for one additional day] for everyone in attendance. Statistics provided in Publication 16 show that the attendance difference [between the Interim and Annual Meetings] is marginal and there appears to be sufficient attendance at each current meeting [Interim and Annual] to have a quorum present for voting, should this proposal pass. It is important to understand this proposal will not

Dr. Matthew Curran- Florida Department of Agriculture and Consumer Services

The NCWM Board of Directors (BOD) has invested considerable time discussing avenues to keep our organization responsive and relevant in a fast, ever- changing marketplace. One of the ideas borne from these discussions is to restructure the NCWM Bylaws, thus enabling voting twice per year [as opposed to just once per year]. The rationale behind this idea is that it would streamline the pathway for an idea to be incorporated into the Handbooks, thus enhancing the NCWM’s responsiveness to changes in the marketplace. The BOD believes it would ultimately provide regulators with codes in a more efficient manner and in turn, allow the industry to begin using technology sooner. However, a significant change such as this does not happen without extensive analysis of potential impacts. In response to this idea, the BOD formed a Focus Group (FG) to analyze the concept and vet it with the NCWM Membership. To this end, the FG has held numerous forum discussions with national and regional members to provide information, receive feedback, and work through any challenges. Following these numerous discussions, the FG has outlined multiple topics from the feedback received and provided specific answers and potential solutions to the questions and challenges posed. The key topics identified by members are summarized in the following sections and detailed in the 2023 version of Publication 16. • Committee Member Rotations – Some members questioned how Committee Member rotations would occur under the proposed voting structure. While this would require a change, a

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2023 Issue 2

Voting Twice Per Year Cont.

change the “on ramp” for agenda items. All agenda items will continue to be available in ample time for review by all four regional associations and will continue to be heard at a minimum of two national meetings before being moved for a vote. The key to the voting twice per year proposal is once a Form 15 submission makes it onto the national agenda [via the same current pathway] it will now be eligible for a vote every six months as opposed to only every 12 months [as it is currently]. However, agenda items are not required to be voted upon every six months they only have the possibility to be voted upon every six months. The status assignment of each agenda item will still be still in the hands of each Standing Committee. A change of this magnitude will have pockets of “negative” impact in select areas and those impacts certainly need to be evaluated and considered against the overall net result for the organization. If the net result for the community and organization is “positive” then serious consideration should be given to move forward with such a change despite pockets of “negative” impact. Ideally, we can mitigate, if not resolve those pockets of “negative” impact with additional attention. As outlined herein, the voting twice per year concept would affect many different aspects of the NCWM process. Simultaneous changes would be necessary in the NCWM Bylaws, NCWM Policies, and NCWM Operations to successfully implement this change. Changes to NCWM Bylaws require a favorable vote by the NCWM membership (all members) in attendance. Changes to NCWM Policies require a favorable majority vote by the BOD. Changes to NCWM operations require implementation by the NCWM Executive Director in concert with the NCWM Chair. In this proposal, migrating to voting twice per year will require an NCWM Bylaw change. The length of time on the agenda [for Developing Items] will require an NCWM Policy change. The remaining aspects are all NCWM operational aspects and can be changed “at will.” However, while these are the minimum requisites for each type of change, the BOD strongly supports further and deeper engagement with the membership, beyond the minimum requirements, for all changes herein. This will help ensure harmony, transparency, and success. In the end, the NCWM membership will have another year [July 2024] to evaluate the impact of this proposal and determine if voting twice per year is in fact a net gain for the Weights and Measures Community.

Filling Up at the Pump: Check that the price at the pump matches the street sign. Verify the SALE and GALLONS displays start at zero before you open the nozzle. Touch something metal before grabbing the nozzle to avoid a static electricity fire. Always get a receipt. Contact your local Weights and Measures Authority with questions or concerns. Tip of the Month

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2023 Issue 2

CUSTOMIZED SCALE SOFTWARE

NTEP CERTIFIED Weigh-In/Weigh-Out software • Integrate with your truck and platform scales • Multi-scale, multi-facility inventory

• Software can be branded to match your company’s look • Windows and browser-based programs • Cloud based and standalone Bluetooth connection • NTEP Certified Reference Numbers: 21-040 and 22-069

CLOUD STORAGE & ACCESS

LABELS

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BILLING

EMAIL OR TEXT TICKETS

GROW WITH DATA

Phone: (707) 937-1296

Email: info@DarlandSoftware.com

Safety Column

Food Safety and the Weights and Measures Inspector Mike Peeler NJ State Weights and Measures

As inspectors, we conduct scale inspections to make sure devices are legal for use, and net content inspections so we can ensure the weight stated on the package is accurate, and within the legal MAV to be sold. When you walk into a store to start your inspection, you make sure you have all your equipment with you, but do you? How many of us don’t think about food safety. Per the CDC, they estimate that 1 million people per year get sick from contaminated food. Cross contamination is the contamination of a food product from another source. There are 3 main ways cross contamination can occur that we as inspectors should be aware of. In NIST HB 133, Section 1.6, Health and Safety, it states “This handbook cannot address all of the health and safety issues associated with its use. The inspector is responsible for determining the appropriate safety and health practices and procedures before starting an inspection.” Let’s take a look at a few ways that can affect our inspections. Food to Food: Food can become contaminated by bacteria from other foods. This type of cross-contamination is especially dangerous if raw foods come into contact with cooked foods. When doing a net content inspection, it might be a good idea to wipe down your scale before you start, and during your inspection, especially after inspecting poultry, raw meat, pork products, and seafood with a disinfectant that is safe for your equipment, BUT also food safe. People to Food: People can also be a source of cross-contamination to foods. Some examples are handling foods after using the bathroom without first properly washing hands, or inspecting raw meats then going right to vegetables without washing hands between tasks. Make sure you use the proper gloves when handling raw products is always a good idea to keep the food and the consumer safe, and again having disinfecting wipes with you to wipe everything down. Equipment to Food: Contamination can also be passed from equipment to food. This type of contamination occurs because the equipment was not properly cleaned and sanitized between each use. Testing a scale in the meat department, placing your weights back in the box then going to produce section to inspect a scale without wiping down your weights, then placing them right back in your box, you now have equipment that was not properly cleaned and disinfected that you are going to use at another location that now can possibly cause equipment to food cross contamination. Per FDA.gov, as of 4/11/23, there has been 78 food recalls because of contamination. Let’s make sure that we don’t contribute to that growing number.

Professional Certification Exams Take exams online for FREE with NCWM membership!

Available Exams: •

• •

Package Checking Basic

Precision Scales • Price Verification •

Large Capacity Scales

• LPG & Anhydrous Ammonia Liquid Meters • Vehicle-Tank Meters • Medium Capacity Weighing Systems

Retail Motor Fuel Dispensing Systems • Small Capacity Weighing Systems Class III

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2023 Issue 2

One Tool: # 1 Inspection Software WinWam Software

There is only one Software product that addresses all of your Weights & Measures Inspection needs. That tool is WinWam Software. WinWam Software is a collection of four powerful modules, which can be purchased separately or together. All of the Weights & Measure modules have been built to perform inspections in accordance with NIST regulations.

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2022 Issue 2

ADVERTISEMENT Device Inspection WinWam Device Inspection Software is designed to perform and record Handbook 44 inspections WinWam Device Inspection Software supports all devices specified in Handbook 44 including but not limited to: scales, (apothecary, computing, livestock, shipping, vehicles, etc.), meters, LP Gas, LMD, linear devices, timing devices, etc. Whether Acceptance or Maintenance WinWam calculates tolerances for nearly all tests.

Package Checking WinWam Package Checking Software is designed for W&M officials and quality assurance professionals to perform standard and random inspections in accordance with NIST Handbook 133. WinWam Package Checking Software guides you through the inspection process. Error, MAV, Cost Error are calculated for each test. Color displays allow easy identification of Pass Fail or Gray Areas. Some of the features include:

▪ Category A & B Sampling Plans ▪ Automatically Calculates MAV’s Normal USDA Standard, USDA Fluid, Bark Mulch, Polyethylene Sheeting ▪ Allow variations due to moisture loss. ▪ Calculates SEL and Standard Deviation ▪ Dynamically calculates Rc/Rt for tare ▪ Calculates conversion factors

WinWam Device Inspection Software provides a comprehensive database of business establishments with a complete inventory of devices. Full detail inspection data allows management the ability to better measure economic impact of the W&M program

for volume inspections

▪ Calculates Cost Error, Average Error, Average Cost Error % Error Price Verification

Hypertext Handbooks Hypertext Handbooks are a collection of on-line reference manuals in which the user can view government regulations, search on a particular topic and print any part of the handbook with the touch of a button 2023 Hypertext Handbooks available now!

WinWam Price Verification Software is designed in accordance with NIST Handbook 130. The Software runs standalone or with a handheld scanner. Software calculates error, lot cost error, net dollar error and calculates Over / Under Ratio. Accommodates Intentional Under- charge and Not On File.

Nover Engelstein & Associates, Inc. Developers and sole source providers of WinWam Software 3000 Atrium Way, Suite 2203 Mount Laurel NJ 08054 Phone: (856) 273-6988 web-site: www.winwam.com e-mail: sales@winwam.com aliquam quaerat voluptatem. ut enim ad minima veniam. Sed ut perspiciatis, unde omnis iste natus error sit voluptatem accusantium doloremque laudantium,

Price Verification

of a proactive Weights & Measures inspection program. I stated some of the benefits that the public and business community receive from those programs including the ability to address consumer complaints, provide consumer protection, correct inaccuracies, and promote equity in the marketplace between competing retailers. When published, I viewed the article and found it to contain exceptionally good and timely information on the issue of pricing integrity, not only as relates to Dollar General, but also to the overall issue. Barron’s magazine is available through a paid subscription. If interested the link to the article is: https://www. barrons.com/articles/dollar-general-stores- overcharging-prices-129addef?mod=hp_LEAD_3 (By Catherine Dunn – March 21, 2023. Updated March 27, 2023) Before these current issues, Vermont weights and measures staff collaborated closely with the VT Attorney General’s Office on price verification violations found at Dollar General. In 2019 the company paid a $1.75 million settlement and agreed to implement a Pricing Accuracy Policy to address the violations. Vermont to Receive $1.75 Million from Dollar General for Pricing Inaccuracies | Agency of Agriculture Food and Markets. The work done by our weights & measures inspection program has led to improvements in pricing accuracy at many retailers, however inspection results from 2022 highlight that ongoing work and challenges exist. In response to the high failure rates for price verification inspections found during 2022, our program evaluated additional steps that might be beneficial to retailers and consumers. We developed a condensed two-page handout for retailers who fail an inspection. The basic handout is designed for store staff and contains information including who has the authority to conduct inspections, benefits of accurate pricing, scanner best practices, common errors found, and links to law and procedure in NIST HB 130. We have developed a Power Point presentation which will soon be posted on our website with information that retail staff can access and gain additional information

Marc Paquette- Vermont Agency of Agriculture Food and Markets

In reviewing both regional and national feedback from Weights & Measures jurisdictions it is apparent that 2022 was a challenging year for enforcement work in the area of price verification. This was certainly true in Vermont. Vermont’s failure rate was the highest recorded since the start of this inspection program. In talking with inspection staff, retailers, and consumers it is as if the perfect storm of inflation, the related large volume of price changes, and retail staffing shortages all contributed on some level to create this scenario. During 2022 I had numerous calls from consumers who had been upset and frustrated over repeated overcharges at retail locations. The concerns follow similar patterns and themes. The customer is overcharged for an item. They address this with the service desk and usually receive a refund. They return the next week, purchase the same item, and are again overcharged, and so the cycle begins again. I am sure my experience is not unique to many jurisdictions around the country. As a result, significant enforcement actions have taken place in various areas around the country and this activity caught the attention of some in the press and business community. In February I was contacted by a reporter from Barron’s magazine due to Vermont’s previous work with price verification and the Dollar General chain. The reporter was authoring an in-depth article on Dollar General, and the related number of pricing violations being found around the country. Speaking with the reporter gave me an opportunity to talk about the issues of pricing integrity, impact on consumers, and the benefits

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2023 Issue 2

Price Verification Cont.

on our program and best pricing practices. We also conducted a requested training for all store managers in Vermont from a national retail chain. The training consisted of a short video, PowerPoint presentation, and hands on mock inspection. The training was approximately 2 ½ hours in length, was well received by all and is offered to additional retailers upon request. In addition, we have also met with representatives of local retail chains, engaged in more pre- hearing meetings, and negotiated numerous violation outcomes, in conjunction with our formal hearing process. The goal of all these activities is to improve pricing integrity in retail stores by changing attitudes and actions in the retail community. It is essential for the retail community to acknowledge that accurate pricing is important to and valued by consumers and is also beneficial to retailers and the business community as it often results in more satisfied customers. There have been and will be many challenges for our program in this area, changing attitudes and moving toward goals can be a lengthy process. In defining some of the goals of the program and enhancing our activities in response to those goals, we are making efforts to address the issues being found, while also strengthening our enforcement program. Challenges to enforcement activities as seen in 2022 can result in programs evaluating long standing process, procedures, and policies. It can be an opportunity to improve activities and use those improvements as a model for other functions. And while taking the long approach on enforcement issues, if in the short term there is a lack of response from some entities, there is always the issuance of notices of violations with

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NTEP Quick Guide

What is an NTEP certificate if Conformance? • issued by NCWM upon successful evaluation od a device . • Indicates the device tested us capable of meeting applicable Handbook 44 standards.

NTEP Approved vs. Legal for Trade NTEP Approved: The evaluation demonstrated that the device is capable of meeting Handbook 44 standards. Legal for Trade: The inspector has verified the device can be used as installed What does an NTEP evaluation cost?

All application fees are due at the time the application is submitted to NCWM. Applications will remain on hold until all funds are received. This fee is non-refundable. Excludes: Non-Technical Editorial Change, Private Label, Reactivation, and Sale of a Company applications.

NCWM Member Rate: $800 Non-Member Rate: $1,200

Certificate Processing Fees All fees are sure at the time the application is submitted to NCWM. This fee is refundable if a device fails a lab evaluation or the application is closed by request. NCWM Member Rate: $150 Non-Member Rate: $225 In addition, there are fees issued by the NTEP Authorized Laboratories listed at: https://www.ncwm.com/obtain-ntep-certification (under “fees”) How long does and evaluation take? It varies with the type of device type, any backlog that may exist in the laboratory, and if any corrective meausres are re- quired to achieve compliance. You will want to discuss progress and expectations directly with your assigned lab. What does active certificate staus mean? The devices are being manufactured or remanufactured for commercial use under an NTEP Certificate of Conformance. An NTEP Certificate if Conformance going inactive means that the manufacturer decided not to continue manufacturing the device associated with the CC. Devices already manufactured and installed, or in inventory but not yet sold, may be used, sold, repaired, and resold under the inactive CC as long as they were manufactured prior to the inactive status date. What are Maintenance Fees? NCWM charges an annual maintenance fee fro all active Certificates of Confomance. By paying the maintenance fee, the manufacturer declares intent to continue manufacturing the device and agrees to the terms and conditions for renewal of the National Type Evaluation Program Certificates of Conformance. Maintenance Fees are invoiced each year on October 1st. The CC is in good standing and all fees are paid. What does inactive certificate status mean?

More information can be found online at: https://www.ncwm.com/obtain-ntep-certification https://www.ncwm.com/ntep-faqs

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Tell us about your company!

Be an Exhibitor at the 108th NCWM Annual Meeting July 30-August 3, 2023 Norfolk, Virginia

Use our meeting as a platform to support the growth of your business, inform, and teach the weights and measures community about the products or services you have to offer. $400 for members $575 for non-members *when you register before July 7th* Included: one skirted table and 2 chairs While at the NCWM 108th Annual Meeting be Sure to check out these exhibitors:

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Employment Opportunities NCWM is proud to serve the weights and measures community, both private and public sectors, by listing employment opportunities. Any organization that maintains memberships with NCWM may request positions be posted online for public viewing at: www.ncwm.com/employment-opportunities If you wish to post employment opportunity information, please send inquiries to: info@ncwm.com

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National Conference on Weights and Measures “That Equity May Prevail”

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