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

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. Therefore, the material which is so incorporated is on file with the agency who filed this rule, and with the Office of the Secretary of State. Any interested person may view this material at either agency’s headquarters or the same will be made available at the Office of the Secretary of State at a cost not to exceed actual cost of copy reproduction. The entire text of the rule is printed here. This note refers only to the incorporated by reference material. NIST Handbook 133 may be accessed through the NIST website at www.nist.gov/owm.

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 and Measures for measuring and inspecting packages or amounts of commodities kept, offered, 2 CSR 90-23

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. Fourth Edition (January 2002) as incorporated by reference in this rule.

1. (2) The director of the Department of Agriculture or a designated subordinate shall amend this rule as each new addition, amendment or revision of Handbook 133 is published and becomes available. Should any portion of Handbook 133 be deemed unacceptable, rules will be promulgated within this chapter denoting and excepting those portions and adopting alternative provisions as deemed necessary by the director of the Department of Agriculture.

AUTHORITY: section 413.065, RSMo Supp. 2002.* Original rule filed Sept. 14, 1981, effective Dec. 15, 1981. Amended: Filed Sept. 12, 2002, effective March 30, 2003.

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