PURPOSE: This rule updates inspection procedures of prepacked commodities and merchandise.

PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

SUMMARY: NIST Handbook 133 provides procedures to test (by using statistical sampling techniques) individual lots of packages for conformance with legal requirements. Anything that is put into a container, wrapped, or banded and labeled as to quantity may be inspected. The labeled quantity may be of weight, volume, linear, square or cubic measure, count, or combination. The examination of packaged commodities may be to determine conformance with federal, state, or local net contents labeling regulations. Most often, compliance testing of packaged goods is carried out to protect the consumer/ purchaser against buying packages with less in them than the labeled quantity and to advise the manufacturer to improve delivered product quantities when necessary. Inspection for compliance with other labeling requirements (such as size of lettering or units of measurement) also may accompany package quantity compliance testing, but is not covered in this document.

1. (1) The technical procedures and methods used by the Division of Weights, Measures and Consumer Protection for measuring and inspecting packages or amounts of commodities kept, offered, exposed for sale, sold, or in the process of delivery shall be those procedures and methods described and specified in the National Institute of Standards and Technology (NIST) Handbook 133, Checking the Net Contents of Packaged Goods, 2023 edition, as incorporated by reference in this rule. NIST Handbook 133, 2023 edition, is published by the U.S. Government Publishing Office. A copy of this material can be obtained free of charge online at NIST.gov or a hard copy may be purchased from the National Conference of Weights and Measures at NCWM.net. This regulation does not include any later amendments or additions to NIST Handbook 133.

AUTHORITY: section 413.065, RSMo 2016.* Original rule filed Sept. 14, 1981, effective Dec. 15, 1981. Amended: Filed Sept. 12, 2002, effective March 30, 2003. Amended: Filed Dec. 15, 2005, effective June 30, 2006. Amended: Filed June 27, 2018, effective Jan. 30, 2019. Amended: Filed July 12, 2021, effective Feb. 28, 2022. Amended: Filed May 11, 2023, effective Nov. 30, 2023.

*Original authority: 413.065, RSMo 1983, amended 1993, 1994, 1995, 2002.