I Met with a Group of Weights and Measures Officers and Was Given More Detail on the Objections

MEMORANDUM

TO: NEW JERSEY LAW REVISION COMMISSION FROM: JOHN M. CANNEL, EXECUTIVE DIRECTOR DATED: MARCH 7, 2005 RE: TITLE 51 – WEIGHTS AND MEASURES RESPONSES TO TENTATIVE REPORT

As you remember, the Commission received a large number of form letters expressing reservations about the Tentative Report on Weights and Measures. Copies were distributed at the December meeting. I met with a group of Weights and Measures Officers and was given more detail on the objections that were alluded to in the form letters sent to the Commission. While the most important issues raised concerned the limitations on multiple penalties, many other sections were discussed. For simplicity, I will deal with all points in section order.

1-1. Delete (j)(3). Unclear and unnecessary.

2-4. Delete section. Federal law applies whether or not this section is included. The weights and measures officers say that they do not now enforce the Fair Packaging and Labeling Act.

3-3. Add a subsection giving the Superintendent general supervisory powers over county and municipal weights and measures offices.

3-4. Delete the first part of (j)(1) as follows: (1) a Weights and Measures officer shall employ recognized sampling procedures, such as are adopted by the National Conference on Weights and Measures and are published in the National Institute of Standards and Technology Handbook 133, “Checking the Net Contents of Packaged Goods” and shall not weigh, measure, or inspect more packages of commodities in a manner that makes them unsaleable than is reasonably necessary to assure compliance with this act; and

3-10. Add a new subsection (b)(6) “a copy of the report of each inspection conducted”

3-11. Delete subsection (e). Seals are used for yearly testing not for registration.

3-12. Change subsection (c)(2) to something like: “(2) the fee for fuel pump dispensers shall not exceed $25 for each fuel grade dispensed for each hose,”

9-1. Delete the part of subsection (c) after “shall be the basis for a separate penalty.” The kind of inspections that are done are of items on the shelf. In that context, it is not clear what the meaning of the deleted language is. The officers normally assess multiple penalties when more than one item on a shelf is underweight. They want the maximum discretion make these decisions.

TITLE 51 – MEMORANDUM MARCH 7, 2005 – PAGE 1 /title51/t51M030705.doc 9-1. The officers want subsection (e) clarified so that they will know that it only limits the application of the enhanced penalty for a second or subsequent offense and not the assessment of multiple penalties for multiple violations.

9-1. The officers want subsection (e)(3) deleted.

9-1. The last sentence of subsection (g) needs the addition of the underlined language: A person who does not contest the penalty set by the court’s violation schedule and pays it before the date set for the court hearing need not appear unless ordered to appear by the court.”

9-5. The section should be changed to provide that the municipal prosecutor prosecute any penalty action in municipal court and the county counsel prosecute any penalty action in Superior Court

11-3. Add a provision that the seller must keep a copy of the delivery ticket for six years. The officers say that the ability to inspect copies of tickets is necessary for enforcement.

11-6. The officers note that there is no equivalent to current 51:4-1 which prohibits fraud in sale of liquid fuels. There are general civil and criminal consumer fraud statutes but the weights and measures officers do not have the power to enforce those laws. They do enforce 51:4-1. They recommend adding something like:

a. No person shall possess or sell liquid fuel, motor oil or similar products in a manner that would tend to deceive a purchaser as to the identity or quality of the product by false representation, false labeling, substitution or adulteration. b. A person who violates this section shall be subject to a penalty of not less than $250 nor more than $1000 for a first offense, and not less than $1000 nor more than $5000 for a subsequent offense. These penalties shall be enforced in the same manner as others in this act.

TITLE 51 – MEMORANDUM MARCH 7, 2005 – PAGE 2 /title51/t51M030705.doc