On Jun 25, 2014, at 12:48 PM, Crown, Linda D. <[email protected]> wrote:

> Dear Mr. Mechtly,  
> 
> Thank you for your query and the answers to your questions follow.
> 
> In response to your question in 1:
> 
> Be advised that NIST does not have any regulatory authority. Regulatory 
> responsibility for packaging and labeling is the responsibility of the 
> States, the Food and Drug Administration (FDA), Federal Trade Commission 
> (FTC), the U.S. Department of Agriculture and other federal agencies.   When 
> the SI revisions to the Fair Packaging and Labeling Act (FPLA) were 
> incorporated into regulations in the early 1990s, the suggestion of requiring 
> that SI units be displayed first (i.e., primary position) in a quantity 
> declaration was considered.  The proposal was not adopted for several reasons 
> including (1) the FPLA itself did not specify which units had to be in the 
> primary position in the quantity declaration, and (2) at the time many 
> packagers provided both customary and SI units on packages with the SI in the 
> secondary position and there was no justifiable reason to render those 
> packages unacceptable under FPLA.      
> 
> In response to your question in 2: 
> 
> The Uniform Packaging and Labeling Regulations adopted by the National 
> Conference on Weights and Measures in 1993 and which is enforced by State and 
> Local Weights and Measures Officials was developed to specifically promote 
> the use of the SI.  The method of displaying the quantity of contents you 
> mentioned is already permitted under Section 6.3.1 "Use of Net Mass or Net 
> Weight" which is shown below.  
> 
> 6.3.1.  Use of "Net Mass" or "Net Weight." - A quantity declaration may stand 
> alone [e.g., "200 g (7 oz)" or "1 lb (453 g)"] or may include the term "net 
> mass" or "net weight" either preceding or following the declaration.  The 
> term "net" by itself may be used on food labels.  However, the quantity of 
> contents shall always declare the net quantity of contents even when such 
> terms are not used.
> (Amended 1993)
> 
> Have a wonderful day.
> 
> Linda
> 
> Linda Crown
> Weights and Measures Coordinator
> Publications
> National Institute of Standards and Technology
> 100 Bureau Drive, M/S 2600
> Bldg. 222, Room B250
> Gaithersburg, MD  20899-2600
> E-mail:  [email protected]
> Phone:  (301) 975-3998
> Fax:  (301) 975-8091
> URL:  http://www.nist.gov/pml/wmd/
> 
> 
> -----Original Message-----
> From: mechtly, eugene a [mailto:[email protected]] 
> Sent: Monday, June 23, 2014 12:54 PM
> To: Crown, Linda D.; Butcher, Kenneth S.
> Cc: Warfield, Lisa; Hockert, Carol; U.S. Metric Accociation
> Subject: Legal Metrology Connection, Volume 5 Issue 5
> 
> I completed a reading of *Legal Metrology Connection* 5-5, (aka W&M 
> Connection).and ask the following questions:
> 
> 1. In view of the *fact*, that three federal laws declare that units of 
> measurement from the International System of Units (SI) are preferred for 
> trade and commerce in the Unites State,
> 
> NIST has ample authority to *require* that declarations of net amounts inside 
> packages and containers be expressed In *first  place* in Units from the SI, 
> and only in second place in units from outside the SI, as required by the 
> current FPLA, even though the NCWM has not yet arrived at this 
> forward-looking requirement.
> 
> 2. Why does NIST not promote, if not require, declarations of amount simply 
> by a number and the SI Unit, with "NET" or "NET CONTENTS" or "NET AMOUNT" as 
> *optional* modifiers?
> 
> Eugene Mechtly
> 
> ________________________________________
> From: Linda Crown [[email protected]]
> Sent: Friday, June 20, 2014 12:11 AM
> To: mechtly, eugene a
> Subject: Weights and Measures Connection, Volume 5 Issue 5
> 
> Dear Readers,
> 
> In this edition of the "Weights and Measures Connection," we introduce a new 
> member of the Office of Weights and Measures team, Mr. Clark Cooney.  Some of 
> you may already know Clark; however, we have provided a brief introduction 
> for those who do not.  There is also guidance on the use of "Principal 
> Display Panels on Random Packages" and an update on an educational outreach 
> effort conducted at a nearby middle school.
> 
> Please remember to check out the updated "Calendar" to see what OWM is 
> offering in the training area as well as scheduled meetings.
> 
> Online access is available to the newsletter at 
> http://www.nist.gov/pml/wmd/pubs/upload/WMConnections.pdf, and for your 
> convenience an Acrobat (.pdf) copy is attached.
> 
> As always, we would be happy to get your feedback and ideas for future 
> articles.
> 
> Happy reading,
> 
> Linda
> Editor, "Weights and Measures Connection"
> [email protected]
> (301) 975-3998

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