TRAINING FOR THE WEIGHTS AND MEASURES OFFICIAL

2. TRAINING FOR THEWEIGHTS AND MEASURES OFFICIAL COURSE CURRICULUM

3. TRAINING FOR THEWEIGHTS AND MEASURES OFFICIAL COURSE CURRICULUM

4. TRAINING FOR THEWEIGHTS AND MEASURES OFFICIAL Module One“INTRODUCTION TO WEIGHTS & MEASURES” First in a series of 14

5. “Introduction To Weights & Measures” This module will familiarize you with the history, development, importance and current status of weights and measures in the world of commerce today.

6. Module Objectives Recognize / appreciate relationship with other modules in the series Understand necessity of weights and measures Become acquainted with California’s system of weights and measures Become aware of general legal principles Gain understanding / appreciation of your role

7. Role of Weights & Measuresin Society Needs of Trade and Commerce • Assure fair and honest trade • Verify accuracy of weights and measures • Provide impartial oversight

8. Early Weights & Measures Developed from convenient and natural surroundings: Length– Forearm, hand, or finger Weight– Seeds, grains, stones Time– Periods of the sun, moon and other heavenly bodies

9. Need for Weights & MeasuresIn Society • Early measures were inexact • Developing societies needed laws to regulate transactions • Officials were essential to ensure commercial well-being • Basic tools: Laws, accurate standards, unannounced inspections

10. Need for Weights & MeasuresIn Society • Punishment of offenders • Some earlier punishments were harsh Public humiliation Removal of body parts Nailing body parts to the front door

11. Need for Weights & MeasuresIn Society • Seizure, forfeiture, fines or imprisonment more likely today • Severe punishment may still occur in some parts of the world

12. Systems of Weights & Measures Weights and measures - Units used to express specific quantities Unit - Inch, pound, liter, kilogram - Reference to which a unit is compared Standard - Collection of units and standards that relate to each other System

13. Systems of Weights & Measures Different systems developed independently throughout the world.  “Customary” (avoirdupois) or “inch-pound” System used in the U.S. • Derived from the English system Which assimilated units from other systems • Roman Libra and Uncia (lb, oz)

14. Systems of Weights & Measures Systems of Weights and Measures  Units with same name differed  Roman mile = 5000 feet, Libra (pound) = 11.5 oz.  Standardization necessary  System International (metric system)  Created in France after the French Revolution  Metric system legal in U.S. since 1866 but not compulsory

15. Systems of Weights & Measures The United States is the only major industrialized country that has delayed in the general use of the “system international” more commonly known as the metric system.

16. International Standards International Standards • Ensuring agreement of standards throughout the world • Comparing county to state to national standards provides traceability to the international standards

17. International Standards International Prototype Kilogram

18. International Standards International Bureau of Weights and Measures, Sevres, France Home of the International Prototype Kilogram  Established by the Convention of the Metre 1875  General Conference on Weights and Measures provides international agreement on units of measurement

19. Metrology  Accurate traceable standards provide the means to determine accuracy of transactions.  The science of measurements and the foundation of weights and measures.  All systems of measurement require a way to define the accuracy of the units in that system.

20. History of Weights & Measures in the U.S. • 17th – 19th century English System spread throughout the world • American colonies used English weights and measures • Many had diverse origins • Many units had different values throughout the country

21. History of Weights & Measures in California Early California weights and measures were influenced by standards brought from Spain and Mexico. Mining camp laws and the Spanish system were insufficient for measuring land and grain in agriculture. When gold was discovered, accuracy in weighing and trading was essential.

22. History of Weights & Measures in California 1850 – Legislature established standard weights and measures. 1858 – 1911 - Responsibility shifted between county and state. 1913 – New legislation established statewide standard.

23. History of Weights & Measures in California 1961 Department of Agriculture Building 1220 N Street, Sacramento 1921 – State Department of Weights and Measures became a division of the Department of Agriculture.

24. Present Day Weights & Measures in California We enforce:  The Business & Professions Code, Division 5, pertaining to weights and measures and petroleum products  Rules and regulations in the California Code of Regulations, Title 4, Division 9

25. Organization of Weights & Measures in California  The duty of enforcing the B & P Code is vested in both the state and county sealers  CDFA is charged with general supervision of weights and measures activities  Issuing instructions, procedures and recommendations  Periodically inspecting the work of the sealers

26. Present Day Weights & Measures in California The county sealers are the local enforcement arm of the Department.  DMS and county officials cooperate in formulating policy and enforcing weights & measures laws.  Work is carried out cooperatively with operational units of DMS.

27. Present Day Weights & Measures in California The Division of Measurement Standards administers the following programs:  Metrology  Type Evaluation  Device Enforcement  Quantity Control  Petroleum Products / Weighmaster Enforcement  Registered Service Agencies

28. Organization of Weights & Measures in the United States  No federal program  No one federal agency has overall jurisdiction  Weights and measures remains a “States’ Rights” issue  Over 750 state, county, and city weights and measures jurisdictions in the USA

29. National Conference on Weights and Measures (NCWM) The National Institute of Standards and Technology (NIST) The National Conference on Weights and Measures (NCWM)

30. Regional Organization of the NCWM The states are organized into various regional groups where weights and measures issues are discussed and proposals are submitted to NCWM. Western W & M Assn. Central W & M Assn. Southern W & M Assn. Northeastern W & M Assn.

31. Regional Organization of the NCWM Western W & MAssociation

32. Western Weights & Measures Association (WWMA)  It is our regional tie to the National Conference on Weights and Measures (NCWM). California officials who are National Conference members are members of WWMA.  We initiate & develop proposals through the WWMA which then go to the NCWM as Western proposals.

33. General Legal Principles In your role as a weights and measures official you will inspect devices, products, and documents for compliance with California law. There are legal principles you will need to be aware of and follow at all times.

34. Principles Governing Weights & Measures Laws •  Weights & measures laws in California are found in the B&P Code, Division 5. •  These laws are criminal in nature and many are strict liability laws.  Intent is not an element of strict liability. The occurrence of the act establishes a violation.

35. Principles Governing Weights & Measures Laws •  Violations are classified as misdemeanors unless specified as infractions. •  Misdemeanors are punishable by fines up to $1000 and / or six months in jail. Infractions have fines only – no jail time.

36. Principles Governing Weights & Measures Laws • Persons who violate weights & measures laws, like any other violator,  have the right to a trial, and  the right to confront witnesses against them. •  have the right against self-incrimination. •  are presumed innocent until proven guilty by a court of law.

37.  “Due process " is the opportunity to be heard; to be aware that a matter is pending; to make an informed choice whether to agree with or contest the action, and to assert before the appropriate decision-making body the reasons for such a choice. There isa constitutional guarantee of the right to due process in questions of life, liberty, or property. Due Process

38. Powers and Responsibilities of Weights & Measures Officials • A weights and measures official: Is a public officer  Has the authority to arrest  Has the responsibility to prosecute violators

39. Powers and Responsibilities of Weights & Measures Officials  Verifying the accuracy of W&M equipment and quantity statements for packaged and bulk commodities  Verifying the advertising, labeling, and quality of petroleum and automotive products  Needs a working knowledge of investigations, report writing, the Constitution, and the CA legal system

40. Levels and Types of Enforcement • Use appropriate level of enforcement to gain compliance Criminal or civil action by A. G., D.A., or city attorney Citation (Notice to Appear) Civil administrative procedure Off-sale order tags Out of order tags Written warning (NOV) Immediate correction

41. Enforcement Action Types Civil Administrative Penalties Generally technical Unfair business practices or competition – false or misleading advertising Civil Actions Criminal Actions Misdemeanors or infractions

42. Enforcement Action Penalties Civil Administrative Penalties Penalties of $50 to $1000 Penalties of $2,500 and up; Limited or permanent injunction; Cost recovery Civil Actions Fines up to $1000 per count plus jail time Probation frequently imposed Criminal Actions

43. Laws and Regulations These contain the weights and measures law and regulations you will use in your work. •  California Business & Professions Code Division 5  California Code of Regulations, (CCR) Title 4, Division 9

44. Materials Referenced in the CCR Portions of the following documents have been adopted into California law:  NIST Handbooks 44, 130, 133  ASTM and SAE standard specifications Field Reference Manual contains CCR and adopted material .

45. DMS Manuals  Device Enforcement  Quantity Control  Petroleum Products  Weighmaster Enforcement  Citation

46. Summary Society needs for W & M Systems of W & M History of W & M Current W & M General Legal Principles

47. Conclusion … a better understanding and a deeper appreciation of the role the weights & measures official plays in California.