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Weights & Measures

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1. I am thinking about opening a business and need to know what, if any, weights and measures regulations will affect me?

Most businesses are to some degree affected by weights and measures laws. This will vary on the type of business. In general if you will be using any type of weighing and measuring device you will be directly affected. If you will be packaging commodities you will need to know packaging and labeling, and net quantity regulations and requirements.

2. What is a weighing and measuring device?

This is a term that we use to describe equipment or devices such as scales, gas pumps, or meters that weighs or measure commodities in the course of trade or business.

3. So I’ve decided to buy a scale for my business. Where do I start?

Determine the method of sale for your product - will you be prepackaging commodities or selling directly to the customer over the scale? The Weights & Measures office can help guide you through the steps in selecting a suitable scale that meets all applicable laws. We will NOT recommend one scale manufacturer over another, but we can give you several options of type-approved scales that are routinely found in businesses such as yours.

4. Do I need a commercial scale which is approved and legal-for-trade in order to conduct business?

If your business buys or sells any commodity or service by weight in NYS you are required to have an approved, ‘legal-for-trade’ device on which to conduct sales by weight.

5. What constitutes a ‘legal-for-trade’ scale?

A ‘legal-for-trade’ scale is one which is approved by the National Type Evaluation Program (NTEP) and the NYS Weights and Measures Department. ‘Legal for trade’ devices will have an accuracy class designation, the most common being class II or III. This designation will be on the scale, usually on the serial plate.

6. How do I know if a scale is ‘legal-for-trade'?

If you have any doubts as to whether the scale you are going to purchase is legal for commercial use in NYS, please contact the Weights and Measures office for assistance.

7. Can I use my new scale for commercial transactions right out of the package?

No. A scale intended to be used commercially must first be inspected, tested, and sealed by the Weights and Measures Department.

8. How often do you check commercial Weighing and Measuring devices and gas stations?

We inspect all W&M devices annually. However, if your business purchases a new device during the year or you have repairs done on your current device then you MUST contact the W&M office for a device test / seal prior to reusing.

9. How much does it cost for me to get my scale tested each year?

At the present time there is not a fee for testing W&M devices in Schuyler and Chemung counties.

10. What steps can I take to prevent being cheated at a gas station?

Verify that the advertised sign and the pump price are the same. Make sure the pump starts at zero. Make sure a current Weights and Measures seal is visible on the pump.

11. I've seen blue or yellow square stickers on gas pumps. Why are they there?

The "stickers" you refer to are known as "Approval Seals". These seals are required by NYS state W&M law. They are placed there by a county weights and measures official after the gas pump has been tested and found to be accurate and in compliance with all weights and measures requirements. The seal is an indication that weights and measures officials are ensuring customers are getting the gas they are paying for.

12. I have a one-gallon container, and I purchased one gallon of gasoline, but it did not fill my container all the way. Why not?

If you are concerned that the pump is not measuring the fuel accurately, Weights and Measures can certainly test it. However, portable gasoline containers are manufactured to hold more than the labeled quantity, to allow for expansion of the gasoline, and for safety reasons. Also, the containers and the markings on these containers are not as accurate as test containers used by W&M.

13. Why are there so many options for gasoline octane such as 87, 89 and 93? What is an octane rating and why is it important?

The fuel's octane number is a measure of gasoline's antiknock performance - its ability to resist knocking (a metallic pinging sound) as it burns in a vehicle's engine. When you compare gasoline prices among stations, be careful to compare prices for the same octane. Check your vehicle owner's manual to see which octane the manufacturer recommends.

14. What steps can I take to prevent being shorted on a weighing or measuring device?

Make sure the device is on a level surface and that you can see the display. The instrument must start at zero. There should not be anything touching the device. Watch the person doing the weighing or measuring to make sure that nothing extra is added. Verify that there is a current Weights and Measures seal on the device.

15. How can I avoid being overcharged at the register?

The best way to avoid being overcharged is to make a list of all the items you are going to purchase, and write down the shelf prices. Compare the prices you wrote down to the prices you are charged.

16. What should I do if I am overcharged?

If there is a discrepancy, notify the cashier. If the cashier does not change the price, talk to the manager about your dilemma. If the manager cannot or will not change the price for you, contact our department.

17. I found out when I got home that I had been overcharged for several items at a local store. The store flyer advertised prices that were lower than what the scanner charged me. What can I do?

First, contact the manager of the store with your receipts and give him a chance to correct the problem. Second, contact the Weights & Measures who will inspect the store to determine the extent of the problem and take any necessary action to ensure accurate pricing.

18. There seems to be many different ways people sell firewood. What laws do firewood sellers need to follow and how do I know I’m not getting cheated on my delivery?

Refer to the NYS W&M website. The website includes all the information you will need to understand the laws and regulations for buying/selling firewood.

19. I think some of the commodities I buy don't weigh what they say. Where do I complain?

Contact the Weights & Measures Department and explain the problems you are having, give the name of the business and the products you suspect are short weight. W&M will conduct an inspection at the location and take action to correct any discrepancies that are found.

20. I want to make a complaint, but I don't want the business to know that I was the one who made it. What do I do?

All complaints made to the Schuyler and Chemung County W&M departments are anonymous.

21. I want to make and sell homemade fudge at the farm market; do I have to put a label with the weight on it?

Yes, if the fudge is pre-packaged prior to sale. Candy of this type must be sold by net weight, not by the "piece." Weights & Measures can furnish you with detailed information on all the labeling requirements for specific packaged commodities for fudge and other farm market commodities.

22. When I buy a package of meat in a supermarket do I pay for the plastic tray and the wrappings?

No. You should only be charged for the product you are purchasing. This is called "net weight." Anything in a package other than the actual product is called "tare," and this package weight (wrapping, soakers, and labels) must be deducted from the total weight of the package. Selling a product by gross weight (net weight plus tare weight) is illegal.

23. In our local paper there is an advertisement for a traveling gold buying event coming to my town and setting up in a local hotel. Are these legit businesses?

All transient businesses that come into the county must adhere to the same W&M regulations as permanent county businesses. They must give prior notification to the W&M department when they are coming. All scales used by these businesses must be type-approved, tested and sealed. W&M will visit the locations prior to the opening of their event to test and seal their scales.

24. There is a store down the road that is using a scale with no county approval seal on it. Why wasn’t this scale tested? How do I know it is accurate?

While the Weights & Measures Department attempts to test and certify all devices on an annual basis, some devices are occasionally overlooked. Your call will alert us to the problem which will result in the device being approved, tested, and sealed.