I didn't realize you were a member of the working group. Isn't this information routinely available to NIST? I would expect it to be through the state members of NCWM (National Council of Weights and Measures). I am glad you encouraged me to look as I didn't realize how many states use a "Customary only" version of UUPR or their own legislation
I was very surprised that most States with mandatory laws compel Customary and don't permit metric. That certainly doesn't square with Congress' declaration that metric is the preferred system of weights and measures for trade and commerce. Isn't buying stuff based on unit price commerce? It doesn't even square with President Obama's declaration (through NIST) that metric is voluntary and we can use it if we want to. We can't in this instance because only Customary unit price is permitted. I would have to describe this as "worst practice." The practice is made even worse by the choice of too many Customary units that, while I know the conversion factors, I can't do the conversion in my head in store. Since the "uniformity" clause is not really enforced, it is simply a chance for the grocers to cheat us, while the government pretends they are protecting us. Also since nearby stores can use a different unit, the unit price law is effectively useless for comparing prices between stores. The choices under the metric option are decimally related, and I CAN do that in my head. If the law can't be fixed, maybe it should just be dropped as a reduction in regulatory burden. (Yes, I know I shouldn't hold back, I should just explain how I really feel.) "Best practice" would require metric (only), but we are too soft on metric for that. Perhaps we could get to "tolerable practice" if and only if: *Metric were at least permitted *If Customary units also remain permitted, I recommend only a single choice of Customary unit be given for each method of selling because of the cumbersome mental conversion. I would suggest pound if sold by weight, pint if sold by liquid volume, dry pint if sold by dry volume and square foot if sold by area. Additional choices only allow the opportunity to cheat us through non-uniformity. *Enforce the uniformity clause on an "all like product" basis. ________________________________ From: "mechtly, eugene a" <[email protected]> To: U.S. Metric Association <[email protected]> Cc: U.S. Metric Association <[email protected]>; Kenneth Butcher <[email protected]>; "[email protected]" <[email protected]> Sent: Thursday, April 24, 2014 5:21 AM Subject: [USMA:53758] Re: What do they Mandate? John, Thanks for the summary of the laws or regulations on Pricing or Unit Pricing (if any) from all the States as of 2009. With focus on the ten jurisdictions mandating Unit Pricing, I am preparing to sent the following letter: "Dear _____, Director of Legal Metrology in the State of _____, I am a member of a NIST Working Group which is developing a 'Best Practice Guide for Unit Pricing.' Please send me ([email protected]) the URL where I can read the actual current legislation which mandates Unit Pricing in your State. My personal objective is to see that the Unit Pricing Guide conforms with the three federal public laws which declare the SI to be the preferred system of units of measurement for trade and commerce in the United States." Eugene. On Apr 23, 2014, at 1:56 PM, John M. Steele <[email protected]> wrote: Eugene, >This NIST reference is a little dated but gives a summary by State. MOST >States that list unit pricing detail require Customary. >http://www.nist.gov/pml/wmd/metric/upload/US-Pricing-Laws-All-States_2.pdf > > >Exceptions: >*New York is mostly written around Customary but has a metric afterthought >similar to Maryland >*Colorado allows metric or Customary >*Montana adopts in its entirety H130 UUPR (which would permit metric or >Customary) > > > >There is no evidence of metric being the preferred system of measure for >commerce at the state regulation level. It would be interesting to know if >any grocer in the States of Colorado, Maryland, or Montana actually uses >metric unit pricing. > > >From a USMA perspective, we need to recognize that Federal acceptance of >metric in the UUPR simply does NOT generally carry over to state law and this >is a "50 States = 50 Ways" issue. Out of "50 Ways" a few isolated laws >permitting metric exist. Many States have no law at all so I guess metric >wouldn't be illegal there. However, I doubt it is used. > > > >________________________________ > From: "mechtly, eugene a" <[email protected]> >To: U.S. Metric Association <[email protected]> >Cc: U.S. Metric Association <[email protected]>; Kenneth Butcher ><[email protected]>; "[email protected]" <[email protected]> >Sent: Wednesday, April 23, 2014 12:55 PM >Subject: [USMA:53750] Re: What do they Mandate? > > > >John, > > >I already have a hard (printed) copy of HB 130 and know the voluntary users of >the UUPR. > > >However, I do not yet know the wording of the ten mandatory laws or >regulations *requiring* Unit Pricing. > > >The actual wording of those ten laws or regulations are the focus of my search! > > >Can you help? I know that you have great skill in searching the Internet. > > >Eugene. > > >On Apr 23, 2014, at 10:21 AM, John M. Steele <[email protected]> >wrote: > >Eugene, >> >> >>May I suggest an alternate approach? Many States also allow/encourage it on >>a voluntary basis. In any State in which it is commonly used, it would be >>nice to know if the standard is that of the UUPR (Uniform Unit Pricing >>Regulation) contained in Handbook 130, or the State has established >>exceptions either tighter or looser than H130. Cutting and Pasting >>applicable sections of UUPR from 2014 H130: >>Section 2. Terms for Unit Pricing >>The declaration of the unit price of a particular commodity in all package >>sizes offered for sale in a retail establishment shall be uniformly and >>consistently expressed in terms of: >>(a) Price per kilogram or 100 g, or price per pound or ounce, if the net >>quantity of contents of the commodity is in terms of weight. >>(b) Price per liter or 100 mL, or price per dry quart or dry pint, if the net >>quantity of contents of the commodity is in terms of dry measure or volume. >>(c) Price per liter or 100 mL, or price per gallon, quart, pint, or fluid >>ounce, if the net quantity of contents of the commodity is in terms of liquid >>volume. >>(d) Price per individual unit or multiple units if the net quantity of >>contents of the commodity is in terms of count. >>(e) Price per square meter, square decimeter, or square centimeter, or price >>per square yard, square foot, or square inch, if the net quantity of contents >>of the commodity is in terms of area. >> >> >>Section 4. Pricing >>(a) The unit price shall be to the nearest cent when a dollar or more. >>(b) If the unit price is under a dollar, it shall be listed: >>(1) to the tenth of a cent; or >>(2) to the whole cent. >>The retail establishment shall have the option of using (b)(1) or (b)(2), but >>shall not implement both >>methods. >>The retail establishment shall accurately and consistently use the same >>method of rounding up or down to compute the price to the whole cent. >>Section 6. Uniformity >>(a) If different brands or package sizes of the same consumer commodity are >>expressed in more than one unit of measure (e.g., soft drinks are offered for >>sale in 2 L bottles and 12 fl oz cans), the retail establishment shall unit >>price the items consistently. >>(b) When metric units appear on the consumer commodity in addition to other >>units of measure, the retail establishment may include both units of measure >>on any stamps, tags, labels, signs, or lists. >>On Wednesday, April 23, 2014 10:33 AM, "mechtly, eugene a" >><[email protected]> wrote: >> >>Unit Pricing is mandated in nine States (+DC). >> >>If "Unit Price" is defined as Dollars (or cents) per unit of measurement, in >>retail marketplaces, >> >>what are the units of measurement prescribed, or limited to, or allowed, if >>any, in each of these ten jurisdictions, respectively? >> >>Answers to that question requires the searching of various laws and >>regulations. >> >>Who is willing to help search any of these ten jurisdictions? >> >>Eugene Mechtly >> >> >> >> > > >
