Regs., Conn. State Agencies Title 43 — Weights and Measures

Department of Consumer Protection Department of Consumer Protection

43-3 Issuance of Type Approval for Weights and Measures Devices

Regs., Conn. State Agencies § 43-3-1 Definitions

(a) Accurate — A piece of equipment is "accurate" when its performance or value, that is, its indications, its deliveries, its recorded representations, or its capacity or actual value, as determined by tests made with suitable standards conforms to the standard within applicable tolerances and other performance requirements of the State of Connecticut.

(b) Correct — A piece of equipment is "correct" when, in addition to being "accurate," it meets all applicable statutory, regulatory, and technical requirements of the State of Connecticut, including those set forth in National Institute of Standards and Technology Handbook 44, as amended from time to time.

(c) Novel — A piece of equipment is "novel" when its pattern or design is not substantially identical to that of a device previously given type approval by the Commissioner.

(d) Test — A "test" shall be an examination according to procedures and standards established by or modeled after those in the National Institute of Standards and Technology Handbooks 44 and 112, as from time to time amended, of the United States Department of Commerce.

(e) Type approval — The term "type approval" means an approval granted to a device manufacturer or distributor by the Commissioner covering a specific type of weighing or measuring equipment, which, for purposes of identification, is assigned a designation that positively identifies the model, pattern, or design of the device.

(f) National type evaluation program. The term "National Type Evaluation Program" shall be construed to mean a program of cooperation between the National Institute of Standards and Technology, the National Conference on Weights and Measures, the States, and the private sector for determining, on a uniform basis, conformance of a type with the relevant provisions of National Institute of Standards and Technology Handbook 44, "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices," National Institute of Standards and Technology Handbook 105-1, "Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures, Specifications and Tolerances for Field Standard Weights (NIST Class F)," National Institute of Standards and Technology Handbook 105-2, "Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures, Specifications and Tolerances for Field Standard Measuring Flask," or National Institute of Standards and Technology Handbook 105-3, "Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures, Specifications and Tolerances for Graduated Neck Type Volumetric Field Standards."

(g) Type evaluation. The term "type evaluation" shall be construed to mean the testing, examination, and/or evaluation of a type by a Participating Laboratory under the National Type Evaluation Program.

(h) Type. The term "type" shall be construed to mean a model or models of a particular measurement system, instrument, element, or a field standard that positively identifies the design. A specific type may vary in its measurement ranges, size, performance, and operating characteristics as specified in the Certificate of Conformance.

(i) Participating laboratory. The term "Participating Laboratory" shall be construed to mean any State Measurement Laboratory that has been certified by the National Institute of Standards and Technology, in accordance with its program for the Certification of Capability of State Measurement Laboratories, to conduct a type evaluation under the National Type Evaluation Program.

(j) Certificate of conformance. The term "Certificate of Conformance" shall be construed to mean a document issued by the National Institute of Standards and Technology based on testing in participating laboratories, said document constituting evidence of conformance of a type with the requirements of National Institute of Standards and Technology Handbooks 44, 105-1, 105-2, 105-3.

History

• Effective December 21, 1992

Regs., Conn. State Agencies § 43-3-2 Type approval requirement

No novel weighing or measuring device shall be sold, offered for sale or used in the state unless that device is given type approval by the Commissioner. Said type approval shall be granted by the Commissioner upon his determination that the design or pattern of the device is such that it will perform accurately and correctly as defined in Sec. 43-3-1.

History

• Effective July 5, 1979

Regs., Conn. State Agencies § 43-3-3 Exceptions to type approval requirement

Type approval shall not be required when:

(a) In the case of an individual device, the Commissioner permits the sealing of the device for testing purposes, or to prevent economic hardship;

(b) The Commissioner deems the device or piece of equipment to be of such simple design and predictable response that considerations beyond the accuracy and correctness of individual devices are unnecessary; or

(c) The device has received a certificate of conformance in accordance with the national type evaluation program.

History

• Effective July 25, 1984

Regs., Conn. State Agencies § 43-3-4 Requirement of testing and finding of accuracy and correctness

No municipal sealer of weights and measures or state inspector of weights and measures shall seal any weight, measure, or weighing or measuring device, pursuant to Connecticut General Statutes, Section 43-1, unless it has been tested and found accurate and correct.

History

• Effective July 5, 1979

Regs., Conn. State Agencies § 43-3-5 Adoption of standards for Connecticut

The National Institute of Standards and Technology Handbooks 112 and 44, as from time to time amended, of the United States Department of Commerce, are adopted, and herein incorporated by reference, as setting forth standards for this state.

History

• Effective December 21, 1992

Regs., Conn. State Agencies § 43-3-6 Opportunity for hearing

Before denying, suspending, or revoking type approval of a device, the Commissioner, upon request, shall afford the applicant an opportunity for hearing in accordance with the provisions of Chapter 54 of the General Statutes.

History

• Effective July 5, 1979

Regs., Conn. State Agencies § 43-3-7 Fees for calibration services

(a) The fees for calibration services performed in the laboratory by Department of Consumer Protection employees and the fees for testing laboratory balances are set forth in the following schedule. No fees shall be charged for any calibration services provided pursuant to Connecticut General Statutes, Section 43-50.

(b) The fees for tolerance testing for weights opened, clean and ready for testing shall be:

(1) Weights over 50 pounds (25 kg) and up to 1,000 pounds (500 kg), $25.00 each;

(2) Weights over 2 pounds (1 kg) and up to and including 50 pounds (25 kg), $13.00 each;

(3) Weights 2 pounds and under (less than 1 kg and under), $7.00 each;

(4) 10 to 32 pound weight kits (4 kg to 16 kg weight kits) not exceeding 26 pieces, $95.00 per kit; and

(5) Other weight kits consisting of 16 pieces or less and individual weights not exceeding 5 pounds (2 kg), $70.00 per kit.

(c) Calibration for mass (apparent mass and values found), length and volume, other than those services specified in subsection (b), the testing of laboratory balances, the testing of weights requiring special handling, and any other service shall be performed at a rate of $75.00 per hour.

(d) Certification of traceability to the National Institute of Standards and Technology (NIST) on calibrations of weights shall be provided by the Commissioner for a fee of $30.00 per weight or set of weights.

(e) The minimum charge for any calibration services under this schedule is $75.00.

(f) The Department shall have the discretion to reject items for testing if they are not fully prepared for testing by the owner. The owner must supply lead sealing plugs for all weights 500 pounds (200 kg) and over.

History

• Effective May 27, 1992

43-3a Method of Sale of Commodities

Regs., Conn. State Agencies § 43-3a-1 Adoption of regulations of national conference

The uniform regulation for the method of sale of commodities adopted and amended from time to time by the National Conference on Weights and Measures and published in the National Institute of Standards and Technology Handbook 130, as amended, of the United States Department of Commerce are adopted, and herein incorporated by reference, as standards for this State.

History

• Effective December 6, 1995

43-8a Last Sale Dates for Retail Products

Regs., Conn. State Agencies § 43-8a-1 Uniform open dating. Exceptions

(a) Definitions.

(1) “Adulterated” has the same meaning as described in Section 21a-101 of the Connecticut General Statutes.

(2) “Best if used by date” means a date prior to a deterioration of quality for semi perishable food and long shelf-life food.

(3) A deterioration of quality means a significant risk of spoilage, loss of value, or loss of palatability.

(4) “Food establishment” means any establishment in which food is stored, offered for sale, processed, or prepared, other than an eating or drinking establishment, and includes the transportation of any food.

(5) “Long shelf-life food” means any food for which a deterioration of quality does not occur sooner than six months after the date of packaging, including, but not limited to, foods preserved by freezing, dehydrating, or being placed in a hermetically sealed container.

(6) “Perishable food” means any food having a deterioration of quality not later than sixty days after the date of packaging.

(7) “Person” means an individual, partnership, limited liability company, society, association, joint stock company, corporation, estate, receiver, trustee, assignee, referee or any other legal entity and any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, and any combination thereof.

(8) “Prepackaged food” means food packaged prior to being displayed or offered for retail sale.

(9) “Sell by date” means the recommended last date of sale of perishable food, semi perishable food, and long shelf-life food that permits a subsequent period before a deterioration of quality.

(10) “Semi perishable food” means any food for which a deterioration of quality occurs only after a minimum of sixty days, but not later than six months, after the date of packaging.

(11) “Wholesome food” means a raw, cooked, processed or prepared edible substance or beverage that is intended for human consumption and that meets all quality and labeling standards imposed by federal, state and local laws and regulations, including food not readily marketable due to any condition such as packaging, appearance, age, freshness, grade, surplus or size.

(b) A food establishment shall not sell or offer for sale a prepackaged perishable food identified with a sell by date except as prescribed by this section.

(c) Perishable food shall not be offered for sale after the sell by date unless it is wholesome food, not adulterated, and advertised in a conspicuous manner as being offered for sale after the sell by date. The sell by date on a product shall not be amended or replaced after such product has been offered for retail sale.

(d) The placement of a sign, sticker, or tag is acceptable to advertise the sell by date if it is easily readable and identifies the perishable food as having passed the sell by the date. The food establishment is responsible for honest and accurate advertisement of a perishable food offered for sale after the recommended last date of sale.

(e) A retailer who purchases prepackaged perishable food may, upon written agreement with the person prepackaging such food, determine and identify who will be responsible for placing or attaching the sell by date on or to each package of such food.

(f) If a retailer elects to use a sell by date, the retailer shall place or attach to each package of perishable food a date by month and day, except that bakery products with a shelf life of not more than seven days may be dated with the day of the week representing the last recommended sell by date.

(g) The sell by date shall be displayed with the term “sell by” or words of similar import immediately preceding or immediately over the designated date unless a prominent notice is on the label describing the date as a sell by date and indicating the location of the date.

(h) If the day of the week is solely designated as provided in subsection (f) of this section, the name of the day may be abbreviated by the use of either the first two or first three letters of the name of the day; for example, Sunday – Sun, Monday – Mon, Tuesday – Tue, Wednesday – Wed, Thursday – Thu, Friday – Fri, Saturday – Sat.

(i) Except as provided in subsection (h) of this section, the date shall be designated by:

(1) The first three letters of the month, preceded or followed by a numeral indicating the calendar day; or

(2) The month represented numerically followed by a numeral designation of the calendar day. The month and day designation shall be separated by a period, slash, dash, or spacing. When a numeral designation of the first nine days of the month is used, the number shall include a zero as the first digit; for example, 01 or 03.

(j) The sell by date may include the year following the day if such year is expressed as a two- or four-digit number followed or preceded by the first three letters of the month. Year, day and month shall be separated by a space, slash or other recognized separator.

(k) A manufacturer, processor, packer, re-packer, or other person who prepackages semi perishable or long shelf-life food may place upon or attach to the package an open date providing it is designated by the best if used by date.

(l) A food establishment may sell or offer for sale food beyond the designated best if used by date provided the food is wholesome, unadulterated and the organoleptic physical quality standards for that food have not significantly diminished.

(m) The best if used by date shall be placed upon or attached to each container or package for individual sale and be limited to the terms “best if used by” or words of similar import followed by or immediately over the date designated by the month and year unless a prominent notice is on the label describing the date as a “best if used by” date and indicating the location of the date. The date shall be designated by the first three letters of the month followed by a numeral indicating the year. The use of the day of the month is permissible provided that the day of the month is placed prior to the month; for example, 30 Sep 73.

(n) The date, whether sell by date or best if used by date, shall be printed, stamped, embossed, perforated, or otherwise shown on the package, label on the package, or tag attached to the package in a manner that is easily readable and separate from other information, graphics, or lettering to be clearly visible to the consumer. The date shall not be superimposed on other required information or obscured by other information, graphics, or pricing. Regardless of the type size used, the date shall be easily readable. These requirements do not preclude a supplemental notice elsewhere on a package describing or indicating the location of the date.

(o) A person who places either the sell by date or best if used by date on a package shall determine the date by taking into consideration the food quality, characteristics, formulation, processing impact, packaging or container and other protective wrapping or coating, customary transportation, and storage and display conditions. For purposes of calculating this sell by date or best if used by date, such person shall consider home storage conditions to be similar to those in the usual retail store, except that such person may calculate the date for refrigerated food by using a home storage temperature standard of 40 ºF (4.4 ºC).

(p) A person who is responsible for establishing the date for perishable, semi perishable, and long shelf-life food shall keep a record of the method used to determine the date. A record revision is necessary whenever a factor affecting date determination is altered. Such record shall be retained for not less than six months after the most recent sell by date or best if used by date. Upon request, such person shall make such documents immediately available for inspection and copying by the commissioner and shall produce copies of such documents to the commissioner or the commissioner's authorized representative not later than two business days after such request. Such documents shall be provided to the commissioner in electronic format, unless not commercially practical. In complying with the provisions of this subsection, no person shall use a foreign language, codes or symbols in the keeping of any required document.

(q) The provisions of this section do not apply to perishable fruits, vegetables or shellfish in a container permitting direct sensory examination, or milk and milk products regulated pursuant to chapter 430 of the Connecticut General Statutes.

(r) In the provisions of this section, in the event of a conflict between these regulations and the laws and policies of the United States Department of Agriculture, the law and policies of the United States Department of Agriculture shall prevail.

History

• Adopted effective September 3, 2010; Amended August 3, 2023

43-27 Sale of Hardwood Pellets

Regs., Conn. State Agencies § 43-27-1 Sale of hardwood pellets

(a) For the purpose of this section, the term "hardwood pellets" means a processed wood product containing the pieces, remnants, sawdust, or any combination thereof, of hardwood trees or lumber that has been compressed or otherwise formed into relatively uniform shapes for use in stoves or hearths for the purpose of heating homes or structures. Additional ingredients within said pellets may include switchgrass, other types of grass, or other organic materials.

(b) Hardwood pellets offered for sale within this state shall be sold by weight. The unit of measure shall be the pound. All packages of hardwood pellets shall have a net weight declaration and be subject to unit pricing pursuant to sections 21a-73 through 21a-77, inclusive, of the Connecticut General Statutes. "Unit pricing," for the purpose of this subsection, means having a conspicuous label on or near any packages being sold at retail indicating the price per pound computed to the nearest cent.

(c) The standards set forth in subsections (a) and (b) of this section shall apply until such time as a standard is adopted by the National Conference on Weights and Measures and published in the National Institute of Standards and Technology Handbook 130, as amended, of the United States Department of Commerce.

(d) Violations of this section shall be deemed an unfair or deceptive trade practice pursuant to section 42-115u of the Connecticut General Statutes and pursuant to the Connecticut Unfair Trade Practices Act, Chapter 735a of the Connecticut General Statutes.

History

• Adopted effective September 3, 2010

43-42 Temperature Compensation in the Sale of Motor and Heating Fuels

Regs., Conn. State Agencies § 43-42-1 Adoption of regulations of national conference; exceptions

Those specifications, tolerances and regulations for commercial weighing and measuring devices adopted and amended from time to time by the National Conference on Weights and Measures and published in the National Institute of Standards and Technology Handbook 44, as amended, of the United States Department of Commerce are adopted, and herein incorporated by reference, as standards for this state, with the exception that the practices of automatic and nonautomatic temperature compensation shall not be allowed to modify the standard volumetric units used in the sale of motor fuels and home heating fuels, except for liquefied petroleum gas.

History

• Effective December 6, 1995; Amended October 2, 2008