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§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.
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