221.11 Test procedures, magnitude of permitted variations.

(a) The test procedures for testing packaged commodities shall be those contained in National Institute of Standards and Technology Handbook 133, [Fourth] 2014 Edition, [issued 2005,] Checking the Net Contents of Packaged Goods, as adopted by the National Conference on Weights and Measures. The document is available from the National Conference on Weights and Measures, [15245 Shady Grove Road, Rockville, MD 20850] 1135 M Street, Suite 110, Lincoln, NE 68508, or the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. It is available for public inspection and copying in the office of the Director of Weights and Measures, 10B Airline Drive, Albany, NY 12235 or in the office of the Department of State, [41 State Street] One Commerce Plaza, 99 Washington Avenue, Suite 650, Albany, NY 12231.

(b) The magnitude of variations permitted under section 221.10 of this Part shall be those contained in the procedures and tables of National Institute of Standards and Technology Handbook 133, [Fourth] 2014 Edition, [issued 2005] Checking the Net Contents of Packaged Goods, as adopted by the National Conference on Weights and Measures.

The proposed rule will amend 1 NYCRR section 221.11 to incorporate by reference the 2014 edition of National Institute of Standards and Technology Handbook 133 in place of the 2005 edition which is presently incorporated by reference. Handbook 133 contains test procedures that are used by state regulatory officials to determine whether the actual weight of a packaged commodity is sufficiently consistent with the declaration of net weight set forth on its label.

The proposed rule is non-controversial. The 2014 edition of Handbook 133 has been adopted or is in use in the great majority of states; manufacturers of packaged commodities located in New York already, therefore, conform their operations to the provisions of this document in order to sell such commodities in interstate commerce. The proposed rule will not, therefore, have any adverse impact upon regulated businesses and is, therefore, non-controversial.

The proposed rule will not have an adverse impact on jobs or on employment opportunities.

The proposed rule will incorporate by reference in 1 NYCRR section 221.11 the 2014 edition of National Institute of Standards and Technology Handbook 133 (henceforth, “Handbook 133 (2014 edition)”) which contains test procedures for weights and measures officials to determine whether the net weight declarations on labels of packaged commodities are accurate. The 2005 edition of Handbook 133 is presently incorporated by reference and Handbook 133 (2014 edition) differs substantively from the 2005 edition only to the extent that the 2014 edition contains amended procedures for assessing the accuracy of the weight declarations of commodities that can gain or lose weight depending upon atmosphere conditions, prohibits the use of wet tare when weighing packages of meat or poultry, provides procedures for determining the net weight of ice glazed products, specifies dimensions of equipment used to test the volume of bark mulch, and provides for minimum densities for polyethylene products such as plastic bags. These substantive changes in Handbook 133 (2014 edition) will help ensure that packaged commodities are uniformly evaluated for net contents.

Handbook 133 (2014) edition has been adopted by or is in use in the great majority of states; manufacturers of packaged commodities located in New York already, therefore, conform their operations to the provisions of this document in order to sell their products in interstate commerce.

The proposed rule will not, therefore, have any adverse impact upon jobs or employment opportunities.