be construed to mean a food commodity in package form that is customarily produced or distributed for sale through retail sales agencies or instrumentalities for consumption by individuals. 21 Perishable, Semiperishable Food Commodity.-The term "perishable or semiperishable food commodity" shall mean any food commodity in package form which the manufacturer or packer determines as having a significant risk of spoilage, loss of value, or loss of palatability within 60 days of the date of packazing: provided that the term does not include meats, poultry, seafood, and fresh produce. 3 2.4. Pull Date.-The term "pull date" means the last date on which a perishable or semiperishable food commodity should be sold without a significant risk of spoilage, loss of value, or loss of palatability, if stored by the purchaser after that date for the period and in the manner which such commodity can reasonably be expected to be stored. . CIM SECTION 3 DATING REQUIREMENTS.-No person who manufactures or packages a perishable or semiperishable food commodity in package form may distribute, or cause to be distributed for purposes of sale, such commodity unless such consumer packages are labeled to show the pull date in accordance with Sections 3, 6 and 7. SECTION 4. COMMODITIES TO BE DATED.-All perish able and semiperishable food commodities, when put up in con sumer packages, are required to be dated with a pull date in accordance with this Regulation. SECTION 5 DATE REQUIRED.—The date required by this Regulation shall be construed to mean the date by which the commodity should be removed from the channel for regular sale (pull date). The date may be accompanied by a statement appropriately identifying it as a pull date by the use of such terms as "not to be sold after." "sell by," or words of similar import. SECTION 6. MANNER OF EXPRESSING DATE.-Commodities subject to this Regulation must be dated in accordance with this section. The date must show first the month and then the day of the month, followed by the year, if used. The month must be shown by letters that clearly identify the month or by digits "1" through "12," where "1" signifies January "2" signifies Feb ruary, and so on through "12" which signifies December. The day of the month must be shown by the digits "1" through "31," to show the date within the month specified. The digits for the month must be separated from the digit or digits for the date within the month by a space, a dash, an asterisk or other symbol. Bakery products with a shelf life of 7 days or less and subject to this Regulation may be open dated with the day of the week or bbreviations of same, in lieu of the foregoing requirements, as ollows: Sunday SU, SUN Monday MO, MON TU, TUES fuesday Thursday Friday TH, THU, THUR SA, SAT SECTION 7. PLACEMENT OF DATE.-The date required or permitted by this Regulation must be placed on each package made available to purchasers. The date shall be presented in a size, manner, and style clearly and easily legible to the purchaser at the time of making or accepting a selection for purchase. SECTION 8. PREEMPTION.-No person subject to this Regulation shall be required to affix any date to any food commodity in package form except as provided for by law or regulation of the United States or by law or regulation of this State. SECTION 9. EFFECTIVE DATE.-Full compliance with this Regulation by any manufacturer or packer shall be attained within 1 year after this Regulation, by its terms, becomes applicable to such manufacturer or packer. It has also been noted that the Model Law makes no specific reference to the matter of labeling in general, and that this oversight should be corrected. Accordingly, the Committee recommends consideration and adoption of the following amendment to the Model State Weights and Measures Law: SECTION 5. POWERS AND DUTIES OF THE DIRECTOR.The director shall: 5.4. Establish labeling requirements, establish requirements for the presentation of cost-per-unit information, establish standards of weight, measure, or count, and reasonable standards of fill for any packaged commodity; and may establish requirements for open dating information. The Committee on Laws and Regulations extends its thanks to all those members of the Conference who submitted items for consideration. Only through such continuing communications can the Committee fulfill its function to the Conference. S. D. ANDREWS, Chairman, Florida R. M. LEACH, Michigan J. L. O'NEILL, Kansas R. L. THOMPSON, Maryland C. H. VINCENT, Dallas, Texas E. A. VADELUND, Staff Assistant, NBS Committee on Laws and Regulations 153 ATION 392 247 533-857 O 74 - 11 DEPOSITED BY THE (Mr. Andrews moved for adoption and, after a second from the floor, the report of the Committee on Laws and Regulations was adopted in its entirety by the : Conference by voice vote.) REPORT OF THE COMMITTEE ON SPECIFICATIONS Presented by JOHN C. MAYS, Chairman, Director, Consumer (Thursday, July 26, 1973) The Committee on Specifications and Tolerances submits its report to the 58th National Conference on Weights and Measures. The report consists of the tentative report as offered in the Conference Announcement and as amended by its final report. The report represents recommendations of the Committee that have been formed on the basis of written and oral comments received during the year and oral presentations made during the open meeting of the Committee. All recom mended amendments are to appropriate provisions of the codes of the National Bureau of Standards Handbook 44. Fourth Edition, Specif cations. Tolerances, and Other Technical Requirements for Commercial Weighing and Measuring Devices. GENERAL CODE 1. Digital Indications and Recorded Representations. With the continual development of this new technology and its application to weighing and measuring devices, the Committee received many recommendations from representatives of the private sector, other Federal agencies, and the three regional weights and measures associations. Since certain criteria are applicable to the design of all digital weighing and measuring equipment, and other criteria are applicable only to specific devices, the Committee recommends amendments to the General Code as follows and will recommend amendments to the specific codes where deemed appropriate in its report. value to the nearest minimum graduation. ARTMENT OF Engin. Lit car QC COMME (c) A digital value "rounds off" to the nearest minimum unit that can be indicated or recorded. (The foregoing item was adopted by voice vote.) 2. G-UR.4.1. Maintenance of Equipment-The Committee received recommendation from the Western Weights and Measures Assoeiation that the word "proper" in this requirement be chanegd to read "correct." But after serious consideration, the Committee recommends that the word "proper" be retained. However, to correct the conditions noted in this Report under Item 3 in the Code for Liquid-Measuring Devices, the Committee recommends this requirement be amended by adding the following sentence: Equipment in service at a single place of business found to be in error predominantly in a direction favorable to the device owner or near the tolerance limits shall not be considered "maintained in a proper operating condition." This recommendation reflects in a requirement the philosophy expressed in Fundamental Considerations 2.3 Tolerances and Adjustments. The Committee further wishes to call attention to G-UR.4.2. Use of Adjustments, the application of which will further aid the enforcement process. (The foregoing item was adopted by voice vote.) CODE FOR SCALES 1. Digital Indications and Recorded Representations. It is the Committee's view that their recommendation in Item 1 of the General Code applies to all scales. It further recommends the following amendments to the Scale Code: Amend S.1.1. Zero Indication by adding the following sentence: A digital zero indication shall represent a balance condition that is within plus or minus one-half the value of the minimum increment that can be indicated or recorded. (The foregoing item was adopted by voice vote.) Add under S.2.1. Zero-Load Adjustment the following new nonretroactive paragraph: S.2.1.3. For Scales Over 5000 Pounds Capacity Other Than Livestock and Grain Hopper.-A scale designed with automatic means to maintain a digital zero-balance indication shall be provided with means to meet the requirements of S.1.1. Zero Indication; however, with the automatic balanc 155 ATION 392 247 DEPOSITED BY THE ing mechanism in operation a digital zero indication may represent a balance condition that is within plus or minus the value of the minimum increment that can be indicated or recorded. [Added and nonretroactive as of 1973] Renumber present paragraph S.2.1.3. to S.2.1.4. (The foregoing item was adopted by standing vote.) 2. S.2.1.2. Balancing Mechanism on Scales Used in Direct Sales.— A comment was received from the State of Maryland that some digital indicating scales are equipped with an externally operated mechanism which provides a zero adjustment finer than the digital indication of plus or minus one-half the minimum interval. It was their view that since this was a balancing mechanism, the fact that it has an external adjustment was in violation of this requirement. They further commented that since this adjustment allowed the weigher to weigh more accurately by setting a finer zero-condition and that it could not be used to facilitate fraud, recognition should be given this feature. Therefore. the Committee recommends the following: Amend S.2.1.2. to read as follows: S.2.1.2. Balancing Mechanism on Scales Used in Direct Sales.-A balancing mechanism (except for a balance ball or on digital scales with an analog zero adjustment mechanism with a range of not greater than one minimum increment) shall be operable or accessible only by a tool outside of and entirely separate from this mechanism, or enclosed in a cab inet. A balance ball shall not itself be rotatable unless it is automatic in operation or is enclosed in a cabinet (nonretroactive as of 1956 and to become retroactive on January 1, 1976). (The foregoing item was adopted by voice vote.) 3. UR.1.1.6. Value of Minimum Graduated Intervals on Primary Indicating and Recording Elements-For Axle-Load and Vehicle Scales, and Wheel-Load Weighers Only.-The Committee received the Il recommendations from the Scale Manufacturers Association, Southern Weights and Measures Association, Western Weights and Measures Association, and the Northwest Weights and Measures Association on this requirement. It is the Committee's view that a 50pound minimum interval is appropriate for individual axle-load scales used for highway law enforcement purposes; however, an axle-load scale used commercially and installed in combination with other axleload or motor vehicle scales so that an entire vehicle can be weighed |