Testing Lumber and Building Products

1. Testing Lumber and Building Products Presented by: California Department of Food & Agriculture Division of Measurement Standards

2. DMS Mission Statement To preserve and maintain the standards of measurement essential in providing a basis of value comparison and fair competition in the marketplace.

3. Weights & Measures in California The county sealers are the local enforcement arm of the Department. Work is carried out cooperatively between County Sealers and DMS. DMS and county officials cooperate in formulating policy and enforcing weights & measures laws.

4. Purpose: Problems with the way lumber and building products are represented and sold are widespread. Fair competition and value comparison are almost impossible as few retailers and manufacturers adhere to the Industry’s own standard. It is our desire that this training session will help inform Industry and Retailers of the legal requirements, thus improving compliance and making a lasting change.

5. GOALS: • Present an overview of the problem. • Review relevant Laws and Regulations • Review key portions of VPS 20-05 • Review testing procedures for lumber, composite/engineered lumber, and plywood sheeting • Provide the tools and knowledge to bring about lasting compliance in a fair, uniform way.

6. History • Past cases and results (HD 93 case on plywood and Fresno DA letter) • Present problems observed at Retailers and Manufacturers of Plywood, Softwood lumber (manufactured products, fence boards, 2 x 2, 4 x 4, furring strips), and composite/engineered products, etc

7. 1993: Riverside County Stipulated Final Judgment continued….

8. 1993: Riverside County Stipulated Final Judgment

9. 1995: Fresno County Letter regarding Short Measure Lumber Products was sent to both retailers and manufacturers.

10. 1995: Fresno County Letter regarding Short Measure of Lumber Products continued….

11. 1995: Fresno County Letter regarding Short Measure of Lumber Products continued….

12. 1995: Fresno County Letter regarding Short Measure of Lumber Products

13. Manufacturer Signage In-store Signage These signs found in 2005 and 2007 Product does not conform to PS 20-05 minimum - 3 ½ x 3 ½ - L Since the product’s actual Size is 3 3/8 in x 3 3/8 in – 10 ft, PIRs were done on separate dates and product removed from sale. A NOV for 12024 was issued to the retailer. 2/25/2005

14. An example of a Retailer misrepresenting actual size

15. 2007: Misrepresentation in Advertisement May 31, 2007 Advertisement in the Fresno Bee (pg A5) gives product size as 5/4” x 6” x 12’, product’s measured dimensions are 1 3/16” x 5 3/8” x 12’.

16. Misrepresentation or Short Measure…

17. 2005-present: Nonconforming Label Violations Dimensions must be properly listed. Length alone is not fully informative. Example of Violation by both Retailer and manufacturer.

18. Laws & Regulations Short Measure, Misrepresentation of Product, and Labeling Issues

19. Short Measure or Misrepresentation • 12024. Every person, who by himself or herself, or through or for another, sells any commodity in less quantity than he or she represents it to be is guilty of a misdemeanor, except as provided in Section 12024.3. • 12024.6. No person, firm, corporation, or association shall advertise, solicit, or represent by any means, a product for sale or purchase if it is intended to entice a consumer into a transaction different from that originally represented.

20. Labeling Laws 12602. (a) It is unlawful for any person engaged in the packaging or labeling of any commodity for distribution or sale, … to distribute or to cause to be distributed any such commodity if the commodity is contained in a package, or if there is affixed to that commodity a label, which does not conform to the provisions of this chapter or the regulations adopted under the authority of this chapter… (b) The prohibition contained in subdivision (a) does not apply to persons engaged in business as wholesale or retail distributors of commodities, except to the extent that those persons (1) are engaged in the packaging or labeling of such commodities, (2) prescribe or specify by any means the manner in which such commodities are packaged or labeled, or (3) have knowledge of the violation of any provision of this chapter …

21. More Labeling Laws 12603. No person subject to the prohibition in Section 12602 shall distribute any packaged commodity unless it is in conformity with regulations that shall be established by the director that shall provide: (a) The commodity shall bear a label specifying the identity of the commodity and the name and place of business of the manufacturer, packer, or distributor. (b) The net quantity of contents (in terms of weight or mass, measure, numerical count, or time) shall be separately and accurately stated in a uniform location upon the principal display panel of that label, ….

22. Common Labeling Regulation Violated by retailers & manufacturers of composite lumber 6.4. Terms:  Weight, Liquid Measure, Dry Measure, or Count. - The declaration of the quantity of a particular commodity shall be expressed in terms of: * weight if the commodity is solid, semisolid, viscous, or a mixture of solid and liquid, or * liquid measure if the commodity is liquid, or dry measure if the commodity is dry, or * numerical count. However, if there exists a firmly established general consumer usage and trade custom with respect to the terms used in expressing a declaration of quantity of a particular commodity, such a declaration of quantity may be expressed in its traditional terms, provided such traditional declaration gives accurate and adequate information as to the quantity of the commodity.Any net content statement that does not permit price and quantity comparisons is forbidden. (Amended 1989)

23. More Labeling Laws 12607. Whenever a packaged commodity is offered for sale, exposed for sale or sold without a statement of net quantity appearing thereon as required by this chapter, the sealer shall in writing order the commodity off sale and require that a correct statement of net quantity be placed on the commodity before the same may be released by the sealer.

24. More Labeling Laws 12611. It is unlawful to pack, ship, or sell any commodity in a container which does not conform to all the specifications of this chapter; or which is not conspicuously marked, branded, or otherwise labeled as required by this chapter; or on which any word, statement or other information required by this chapter is not prominently placed, in such terms and with such conspicuousness, as compared with other words, statements, designs or devices on the label or container, as to render it likely to be read and understood by ordinary persons under customary conditions of purchase and use.

25. Voluntary Product Standard • Scope of PS 20-05 • Definitions- Softwood, green, dry, surfaced, rough • Tables

26. Scope 1.1 General 1.1.1 This Voluntary Product Standard establishes and maintains through a consensus process and in the public interest, standard sizes (both in metric and conventional units) and general requirements for developing grades of softwood lumber. It is implemented through an internationally recognizes consensus accreditation and certification program, the purpose of which is to provide for uniform, industry-wide grade marking and inspection of softwood lumber. Note: The provisions of this Standard do not apply to the myriad of products of remanufacture (for example: turned balusters, peeler cores, etc.) or manufactured components (for example: trusses, lattice panels, I-Joist, etc) that use “American Lumber Standard” (ALS) program lumber as a raw material.

27. Terminology: Softwood- one of the group of trees which have needle-like or scale-like leaves. The term has no specific reference to the softness of the wood. 2.7 Dry Lumber- Lumber of less than nominal 5-inch thickness which has been seasoned or dried to a maximum moisture content of 19 percent. Note: Lumber of nominal 5-inch or greater thickness (timbers) is often manufactured and sold without drying. 2.11 Green Lumber- Lumber of less than nominal 5-inch thickness which has a moisture content in excess of 19 percent. For lumber of nominal 5-inch or greater thickness (timbers) green shall be defined in accordance with the provisions of the applicable lumber grading rules certified by the board. 2.16 Nominal size- The size designation for lumber that does not reflect the dressed size. The nominal size is greater than the dressed size i.e., a dry “2 by 4” is surfaced to 38 mm by 89 mm or (1 ½ by 3 ½ inches).

28. Classification: 3.3.2 Dressed (surfaced) Lumber- Lumber that has been surfaced by a machine (to attain smoothness of surface and uniformity of size) on one side (S1S), two sides (S2S), one edge (S1E), two edges (S2E), or a combination of sides and edges (S1S1E, S1S2E, S2S1E, S4S). Lumber surfaced S1E, S2E, S1S,S2S, S1S1E, S1S2E, S2S1E, S4S is classified as dressed (surfaced) lumber in the surfaced width or thickness. 3.3.1 Rough Lumber- Lumber which has not been dressed (surfaced) but which has been sawed, edged and trimmed at least to the extent of showing saw or other primary manufacturing marks in the wood on the four longitudinal surfaces of each piece for its over-all length. S1E, S2E, S1S, or S2S is classified as rough lumber in the unsurfaced width or thickness.

29. Classification: continued 3.4 Nominal Size 3.4.1 Boards- Lumber of less than nominal 2-inch thickness and of nominal 2-inch or greater width. Lumber of less than nominal 2-inch thickness and of less than nominal 6-inch width is designated as strips or boards. 3.4.2 Dimension-Lumber from nominal 2-inch to, but not including nominal 5-inch thickness, and of nominal 2-inch or greater width. Dimension is also designated as framing, joists, planks, rafters, or studs. 3.4.3 Timbers- Lumber of nominal 5-inch or greater in least dimension. Timbers are also designated as beams, stringers, posts, caps, sills, girders or purlins.

30. Measurement and Tally: Note: The invoices for lumber of standard sizes should show the number of pieces of each nominal size and length as well as the actual thickness and width of such lumber.

31. Lumber Sizes 5.1 Rough Size- The minimum rough thickness of dry or unseasoned lumber 1 or more inches in nominal thickness shall be not less than 3.2 mm (1/8 inch) thicker than the corresponding minimum dressed thickness, except that up to 20 percent of a shipment shall be not less than 2.4 mm (3/32 inch) thicker than the corresponding minimum dressed thickness. The minimum rough widths shall not be less than 3.2 mm (1/8 inch) wider than the corresponding minimum dressed width. 5.2 Dressed Sizes-Dressed sizes of lumber shall equal or exceed the minimum sizes shown in Tables 1, 2, 3 and 4. Sizes in Tables 1, 2, 3 and 4 pertain to those items as measured at time of manufacture. Lumber will change in dimension (shrink or expand) in response to its equilibrium moisture content.

32. Tables adapted from PS 20-05

33. Types of Building Materials Composition or Engineered Wood: wood products which are manufactured by binding together the strands, particles, fibers, or veneers of wood, together with adhesive, to form composite materials. Typically, engineered wood products are made from the same hardwoods and softwoods used to manufacture lumber. This category includes: MDF, press board, plywood, composite decking, etc. Softwood is a generic term used in woodworking and lumber industries for wood from conifers. (mainly needle-bearing trees: pine, spruce, cedar, fir, larch, douglas-fir, hemlock, cypress, redwood and yew.) Hardwood is wood from broad-leaved (mostly deciduous, but not necessarily, in the case of tropical trees) or angiosperm trees. Other panels- Plastic/plexiglass products that must be listed by actual dimension.

34. GOOD MEASUREMENT PRACTICES • Traceability Requirements for Test Equipment (Tape Measures, Calipers) • Certification of Standards • Proper Care and Storage of Test Equipment and Standards

35. Authorizing/Procedural Code Sections: 12211:Each sealer shall, from time to time, weigh or measure packages, containers, or amounts of commodities sold, or in the process of delivery, in order to determine whether they contain the quantity or amount represented and whether they are being sold in accordance with law… Adopted as reference National Institute of Standards and Technology Handbook 133… Whenever a lot, package, or container of any commodity is found to contain, through the procedures authorized in this section, a less amount than that represented, the sealer shall order, in writing, that lot, package, or container of commodity off sale and require that an accurate statement of quantity be placed on each package or container before it may be released for sale by the sealer in writing. The sealer may seize as evidence any package or container that is found to contain a less amount than that represented.

36. NIST Handbook 133 – Checking the Net Contents of Packaged Goods - Adopted by reference into regulation through California Business and Professions Code Section 12211, it has the force of law in the State of California. • Outlines product testing procedures to ensure packages have the correct labeled quantity and explains how to test/sample “lots” of packaged commodities to determine “lot compliance”.

37. Statistical Validity • These procedures have been proven to be statistically valid and legally defensible. • Random Sample selection is critical. The use of a random number table or other system reduces bias and increases reliability of results. • Sample Correction Factors account for sampling variability due to lot size improving reliability of the results.

38. Decision Criterion • The Average Requirement: In general, the average net quantity of contents for the samples measured in the lot must at least equal the net quantity of contents declared on the label. • The Individual Package Requirement: The variation of individual package contents from the labeled quantity must not be “unreasonably large”.

39. More Code Sections: 12025.5: Whenever any commodity or any container is ordered off sale under the provisions of Section 12211 or Section 12607 of this division, the sealer shall cause the commodity or container affected by such off-sale order to be identified by a tag or other suitable device with the words "off sale." It shall be unlawful to remove or obliterate any such tag or device placed upon such commodity or container or in any way dispose of or commingle such commodity or container or prepare, pack, place, deliver for shipment, deliver for sale, sell, or cause to be loaded, shipped, or transported, any such commodity or container before it has been released by the sealer.

40. Procedure for Plywood, Particle Board, Paneling, and Siding

41. Procedure for testing Lumber and Manufactured Boards • Composite Lumber • Softwood Lumber • Hardwood Lumber

42. NIST Opinion Engineered Wood Products

43. Engineered or Composite Lumber (continued)

44. Forms used by Weights and Measures include: • Worksheets • Package Inspection Report form • Off-sale tape, cards, Handling Instructions • Label Violation Inquiry • NOV or Inspection Form • Official Property Receipt Officials are advised to give appropriate copies of the laws and regulations along with the paperwork to the responsible party at the location where product was tested.

45. Worksheets • Used to document the lot. • May include several measurements for each dimension. • If product is short measure, measurements taken from the randomly drawn sample are recorded on the worksheet and the average is recorded on the PIR.

46. PIR

47. Label Violation Inquiry

48. NOV

49. Other Forms Example of Off Sale Tape Example of pallets removed from sale that have instructions for handling Off Sale Product attached. Example of an Official Property Receipt

50. Common Questions You May be Asked: • Do you have any Invoices for the product? • Do you have any purchase Orders? • How does the manufacturer represent this product? • What size/dimension is this? • Do you have any ½ inch plywood? Do you have both ½ inch and 15/32 inch plywood? (example)