CST State Weights & Measures Laws 2 — Questions and Answers
Question 1: Under most state weights and measures laws, who has the authority to condemn a scale that fails inspection?
- The scale manufacturer's representative
- A licensed state weights and measures inspector (Correct answer)
- The establishment owner
- A local fire marshal
Correct answer: A licensed state weights and measures inspector
State weights and measures inspectors are authorized by law to condemn and place out-of-service orders on devices that fail official inspection.
Question 2: What is the typical penalty structure in state weights and measures laws for a second violation within a specified period?
- Penalties are the same as a first offense
- Penalties are reduced because the business is familiar with requirements
- Penalties are typically increased or escalated for repeat offenders (Correct answer)
- Only a warning letter is issued for the second offense
Correct answer: Penalties are typically increased or escalated for repeat offenders
Most state weights and measures statutes include escalating penalty provisions where repeat violations within a defined period result in higher fines or more severe consequences.
Question 3: Which federal act serves as the model that most states use when drafting their own weights and measures legislation?
- The Federal Trade Commission Act
- The Uniform Weights and Measures Law developed by NIST (Correct answer)
- The Interstate Commerce Act
- The Consumer Protection Modernization Act
Correct answer: The Uniform Weights and Measures Law developed by NIST
NIST publishes the Uniform Weights and Measures Law, which most states adopt in whole or in part to ensure consistency in measurement regulation.
Question 4: A state law requires all commercial weighing devices to be 'tested and sealed.' What does the seal primarily signify?
- The device passed a manufacturer's calibration test
- The device has been officially tested and approved by a weights and measures authority (Correct answer)
- The device is waterproof and tamper-resistant
- The device was installed by a licensed technician
Correct answer: The device has been officially tested and approved by a weights and measures authority
An official seal affixed by a weights and measures authority indicates the device has passed inspection and is approved for commercial use.
Question 5: Under state weights and measures law, a 'stop use' order is most analogous to which of the following?
- A calibration adjustment request
- An out-of-service tag that prohibits commercial use of the device (Correct answer)
- A warning notice to retrain employees
- A recommendation to upgrade device software
Correct answer: An out-of-service tag that prohibits commercial use of the device
A stop use order legally prohibits continued commercial use of a noncompliant device until it is repaired, re-tested, and approved.
Question 6: Which entity is typically responsible for establishing the maximum allowable errors (tolerances) that scales must meet under state law?
- Individual retail businesses
- State legislatures without reference to national standards
- NIST Handbook 44 as adopted by the state (Correct answer)
- The International Bureau of Weights and Measures (BIPM)
Correct answer: NIST Handbook 44 as adopted by the state
States typically adopt NIST Handbook 44 tolerances by reference in their statutes, making those tolerances the legal standard for device accuracy.
Question 7: If a state weights and measures law specifies a 'money-back guarantee' provision, what does this typically require of a seller?
- Sellers must refund all purchases made with a noncompliant scale upon customer request (Correct answer)
- Sellers must post a bond equal to annual scale revenue
- Sellers must display all price-per-unit information in metric units
- Sellers must provide a written warranty with every transaction
Correct answer: Sellers must refund all purchases made with a noncompliant scale upon customer request
Some state laws include consumer remedy provisions requiring sellers to refund purchasers who were shortchanged due to an inaccurate weighing device.
CST State Weights & Measures Laws 2
Under most state weights and measures laws, who has the authority to condemn a scale that fails inspection?