Eugene, I could probably live with what you are suggesting. My comment was directed to the actual recommendations of the NCWM to FTC. Quoting the first two paragraphs of recommendation #5 (it is much longer, note that I added the bolding): 5. While the FPLA currently requires net quantity statements to be in both U.S. Customary and metric units, we strongly encourage FTC to use enforcement discretion to allow optional use of metric unit only net quantity statements. Federal policy states that the metric system is the preferred system of weights and measures for commerce in the United States (15 U.S.C. 205b). In 1992, the Fair Package and Labeling Act was amended to require that International System of Units (also recognized as SI units or metric units) as well as the customary inch/pound system of measure be present in the required label declaration of net quantity of contents of consumer commodities. This requirement to use units from two different measurement systems is globally unique and results in increased complexity for both consumers and manufacturers both inside and outside the U.S. We strongly encourage FTC to adopt policies which support the continued transition to metric only net quantity requirements in the U.S.
To me, that is clearly recommending that the FTC allow permissive metric only by ignoring the law as written by Congress. As I said, I believe it is necessary to fix, not ignore, the law and agencies can add details in rules but MUST "color within the lines." They are bound by the underlying law, not turned loose to do as they wish. ________________________________ From: "mechtly, eugene a" <[email protected]> To: U.S. Metric Association <[email protected]> Sent: Thursday, July 31, 2014 12:58 PM Subject: [USMA:54243] RE: FW: Comments to FTC from the NCWM & NIST JOHN, IT IS TRUE that the current FPLA *REQUIRES* duality; declarations of net amounts in SI UNITS and equivalent declarations in units from outside the SI, either displayed in first place. However, there is no requirement in the FPLA that enforcement be in any particular units of measurement. A decision by the FTC to require that enforcement of "amounts of fill" be entirely based on the metric declarations, would be entirely within the provisions of the current FPLA. The requirement for "duality" of declarations would be retained, at least until Congress amends the FPLA to permit metric-only declarations. where do you get the notion that "discretionary enforcement" of the FPLA means that some parts of the law are enforced and other parts of the law are ignored? or that enforcement is applied to some packagers or products and not to others? Enforcement of the FPLA must not be confused with selective actions of the IRS! Eugene Mechtly ________________________________ From: [email protected] [[email protected]] on behalf of John M. Steele [[email protected]] Sent: Wednesday, July 30, 2014 2:35 PM To: U.S. Metric Association Subject: [USMA:54240] RE: FW: Comments to FTC from the NCWM & NIST Just an example http://news.yahoo.com/obama-immigration-executive-orders-could-force-showdown-101209067--politics.html ________________________________ From: Patrick Moore <[email protected]> To: U.S. Metric Association <[email protected]> Sent: Wednesday, July 30, 2014 11:17 AM Subject: [USMA:54238] RE: FW: Comments to FTC from the NCWM & NIST I call foul. The snipe about our president is contrary to fact and, more significantly here, off topic. [End] From: "John M. Steele" <[email protected]<mailto:[email protected]>> Reply-To: "John M. Steele" <[email protected]<mailto:[email protected]>> Date: Wednesday, July 30, 2014 5:43 AM To: "U.S. Metric Association" <[email protected]<mailto:[email protected]>> Subject: [USMA:54236] RE: FW: Comments to FTC from the NCWM & NIST I used the phrase "selective enforcement" which treat some differently from others -- that's the risk. They used the term "discretionary enforcement" which means enforce the parts of the law you like and not the parts of the law you don't like. Anyway, the law requires dual. Omitting the Customary violates the law. The solution is to fix the law, not arbitrarily decide to ignore the law. I suppose it might be within FTC's discretion to only use the metric declaration to test for shortfill instead of testing against the larger declaration. But I don't see how they could ignore a missing Customary declaration and claim they are enforcing the law, as written, which is their duty. It might, however, be perfectly clear to President Obama, who has taken a position that he will ignore any law he doesn't like and do as he wished. Perhaps "there is no law" will become the law of the land (for leaders, not us peons). I remain completely opposed to the concept of discretionary enforcement vs enforcing the written law. If I oppose some forms of discretionary enforcement, I have to oppose them all -- even on things I want. ________________________________ From: "mechtly, eugene a" <[email protected]<mailto:[email protected]>> To: U.S. Metric Association <[email protected]<mailto:[email protected]>> Sent: Tuesday, July 29, 2014 9:01 PM Subject: [USMA:54234] RE: FW: Comments to FTC from the NCWM & NIST John (Steele), I read "Selective Enforcement" to mean using *only the declarations in metric units* for enforcement decisions, not to mean the discretion to inspect some packages and not other packages. No laws would be violated! Declarations in units from outside the SI would be *excluded* as the basis for enforcement decisions. The current FPLA specifies that the larger declared amount (in SI or not-SI) be used for inspections. Of course, overstatements of net amounts in packages would have to be prohibited, when expressed in those other units from outside the SI. "Maximum Allowed Variations" (MLV) as prescribed in the NIST Handbooks, would apply to the metric declarations, and "understatements" (if only in the third decimal place) of net amounts would be required for declarations in the non-SI units. A ruling by the FTC for enforcement of only the metric declarations can be fully compliant with the current FPLA if all other declarations are required to be understated. Eugene Mechtly ________________________________ From: [email protected]<mailto:[email protected]> [[email protected]<mailto:[email protected]>] Sent: Thursday, July 24, 2014 11:26 PM To: mechtly, eugene a Cc: USMA Subject: Re: [USMA:54204] FW: Comments to FTC from the NCWM & NIST Thanks, Gene! Let's hope the FTC does the right thing and issues that ruling. What a great step forward that would be. (And too bad for the FMI, eh? ;-) Ezra ________________________________ From: "eugene a mechtly" <[email protected]<mailto:[email protected]>> To: "USMA" <[email protected]<mailto:[email protected]>> Sent: Thursday, July 24, 2014 6:41:47 PM Subject: [USMA:54204] FW: Comments to FTC from the NCWM & NIST Eugene Mechtly ________________________________ From: Butcher, Kenneth S. [[email protected]<mailto:[email protected]>] Sent: Wednesday, July 16, 2014 8:27 AM To: mechtly, eugene a Cc: Gentry, Elizabeth; Hockert, Carol; Warfield, Lisa; Sefcik, David; '[email protected]<mailto:'[email protected]>'; Mark Henschel Subject: Comments to FTC from the NCWM & NIST Mr. Mechtly Attached is a PDF of the comments the National Conference on Weights and Measures submitted to the FTC regarding their regulatory review of the Fair Packaging and Labeling Act (FPLA) that you requested. Please see comment Number 5 which encourages FTC to consider allowing metric only labeling under its rulemaking authority. NIST worked closely with the NCWM to prepare and submit the comments. The FTC was already well aware that both the NIST and the NCWM have supported voluntary metric only labeling since 1999 when the Uniform Packaging and Labeling Regulation in NIST Handbook 130 was amended. This URL will take you to the NIST Handbook 130: http://www.nist.gov/pml/wmd/pubs/hb130-14.cfm This URL will take you to the proposed amendment to FPLA to permit metric only label: http://www.nist.gov/pml/wmd/metric/pack-lab.cfm. Copies of both publications have been given to FTC. Ken Butcher National Institute of Standards and Technology Office of Weights and Measures
