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Introduction
The Legal Metrology Seminar for the Americas was held in conjunction with the 85th Annual Meeting of the National Conference on Weights and Measures (NCWM) in Richmond, Virginia from July 16 through 20, 2000. It served as a follow up on some of the subjects considered at the Workshop on Legal Metrology for the Americas (WLMA), held at the National Institute of Standards and Technology (NIST) in June 1998. NIST cosponsored the Seminar with the Members and Associate Members of the NCWM.
The objectives of the Seminar were to discuss legal metrology practices and capabilities for type evaluation and approval of measuring instruments and devices and the legal requirements for prepackaged products. The discussions were to take into consideration developments internationally as well as in other regions of the world. Relevant issues would be raised and addressed through both formal presentations and an open dialogue among participants, and, as a consequence, specific opportunities for mutually beneficial actions within the Americas could be identified for future consideration.
Because of the limited scope of the Seminar, a selected number of nations within the Americas were invited to explore further regional cooperation in legal metrology for the benefit of all. Invitations to the Seminar were sent to the following countries: Argentina, Brazil, Canada, Colombia, Costa Rica, Ecuador, El Salvador, Jamaica, Mexico, Peru, Uruguay, and Venezuela. All of the countries invited participated except Mexico. Seventeen persons participated in the Seminar representing twelve countries. Another fourteen persons representing U.S. manufacturers and industry and four from NIST provided specific presentations. The participants are listed in Annex A. In addition to those listed, several other representatives of manufacturers and members of the NCWM participated in the Seminar as observers.
The Seminar participants from countries in the Americas also observed the proceedings of the Annual Meeting of the NCWM. Simultaneous interpretation of the NCWM proceedings was provided in Spanish. At the end each day’s sessions, Mr. Ken Butcher of NIST discussed the highlights of the NCWM program with the participants. Dr. Richard Kayser, Director of Technology Services at NIST, presented the President’s address to the NCWM on Tuesday, July 18, and also gave a brief talk to the Seminar participants during their session on that day’s NCWM highlights.
The Seminar began on the morning of Sunday, July 16. A welcoming presentation was given by Mr. Wes Diggs, Chairman of the National Conference on Weights and Measures (NCWM).
Dr. Charles Ehrlich, Chief, Technical Standards Activities Program (TSAP), NIST, facilitated the introduction of participants and, then, provided an "Overview of the Activities for the Week." He also served as the facilitator of the Seminar in all its sessions.
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Overview of the NCWM
Mr. Henry Oppermann, Chief, Weights and Measures Program, NIST, gave an "Overview of the National Conference on Weights and Measures (NCWM)." He included a brief history of the NCWM and its relationship with NIST and also provided an explanation of the objectives, organization and structure, activities including meetings, membership, and leadership of the NCWM.
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OIML Activities
Dr. Samuel Chappell, Consultant to NIST, gave a presentation on "OIML Activities." In particular, he provided information about the development within the International Organization of Legal Metrology (OIML) of a project on a "mutual acceptance arrangement (MAA) on OIML type evaluation" and on another project that would establish an International Quantity (IQ) mark for prepackaged products.
The MAA project is within an OIML technical subcommittee on "conformity assessment" for which the United States is the Secretariat, and its approval by OIML is expected within the next year. It will establish a voluntary framework whereby the responsible bodies in OIML Member states could accept and utilize in their relevant national or regional type approval programs those OIML type evaluation test reports and reports for any supplementary or different tests accompanied by certificates of conformance. It covers the means by which an agreement can be established, implemented, and amended and the period of its duration. The MAA procedures also provide for appealing and resolving issues and for terminating agreements. The MAA has three main objectives: (a) to establish rules and procedures for fostering mutual confidence in the test results of measuring instruments indicating conformity to OIML requirements, (b) to promote the global harmonization, uniform interpretation, and implementation of legal requirements for measuring instruments, and (c) to promote efficiency in time and cost of official type evaluations and approvals of measuring instruments.
The IQ mark project for prepackaged products is being developed as a part of the revision of OIML Recommendation (R87) on "Net Content in Prepackages." Its ultimate objective is to establish an OIML program for facilitating the international trade of prepackaged products. Under the proposed program, packers could apply an IQ mark to their packaged products provided they have in place a quality system and testing laboratory to determine the net content (quantity) in the packaged product. Such packers would have to be authorized and subjected to audits by or on behalf of the national responsible bodies of OIML member states participating in the OIML program.
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Type Evaluation
A general session was conducted on "National Type Evaluation." Presentations were given on the specific practices in the United States, Canada, and Brazil by respectively Ms. Tina Butcher of the Weights and Measures Program at NIST, Mr. Alan Johnston, President, Measurement Canada, Industry Canada, and Mr. Cezar Luis Leal Moreira da Silva, General Manager, Department of Legal Metrology, INMETRO, Brazil. A general discussion followed these presentations in which the participants of the other nations provided information about type evaluation in their countries. Most of these participants indicated that type evaluations were not carried out in their countries, and some pointed out that instruments were not manufactured in their country.
Round table discussions by representatives of manufacturers were presented on type evaluation of the following measuring instruments and devices:
•: Type Evaluation of Weighing Devices in the Americas
Moderator: Mr. Daryl Tonini, Technical Director, Scale Manufacturers Association, Inc. (SMA)
Mr. Darrell Flocken, Manager, International Weights and Measures, Mettler-Toledo, Inc.
Mr. Quenton Olson, Tedea Huntleigh •: Mr. Gary Lameris, Design Engineer, Hobart Corporation
Summary: The panel identified the membership and objectives of the Scale Manufacturers Association. Members of the panel discussed the requirements for marketing their products in North America, Central and South America, Europe, and the Asia-Pacific. The U.S.-Canada mutual recognition on type approvals and the status of accepting the NCWM’s National Type Evaluation Program (NTEP) within the various states of the United States were discussed. The presenters highlighted the benefits of developing and maintaining regional forums for weights and measures organizations and establishing cooperation among them to reduce barriers to trade. •: Type Evaluation of Metering Devices in the Americas
Moderator: Mr. Jeff Kelly, International Sales Manager, Hoffer Flow Controls Inc.
Mr. John Skuce, Manager, FMC Management Solutions
Mr. Robert M. Traettino, Liquid Controls, Inc.
Mr. Michael Keilty, Micro Motion, Inc.
Summary: The panel provided an explanation of the goals of the Meter Manufacturers Association that included education, technology issues, and uniformity. It was emphasized that the Association is dedicated to the promotion of uniform international metrology regulation. •: Type Evaluation of Gasoline Dispensers in the Americas
Moderator: Mr. Richard Tucker, Manager Approvals, Tokheim Corporation
Mr. Gordon Johnson, Manager Regulatory Affairs, Marconi Commerce Systems, Inc.
Mr. Mike Gallo, Wayne Division – Dresser Industries
Summary: The panel identified the objectives of the Gas Pump Manufacturers Association and identified their strategy to achieve global approval of their products. A result of a survey of the current approval requirements in certain countries in the Americas was presented and discussed. The desirability was expressed that NCWM-NTEP certification should be accepted within the region.
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Packaging and Labeling
On Wednesday, July 19, a general session was conducted on "net content and labeling requirements for prepackaged products." Presentations were given on the specific practices in the United States and Canada by respectively Mr. Ken Butcher, Technical Standards Activities Program, NIST, and Mr. Gilles Vinet, Vice President, Program Development, Measurement Canada.
A round table discussion by representatives of the packaging industry was presented on packaging and labeling of products:
•: Package Requirements in the Americas
Moderator: Mr. Christopher B. Guay, Principal, Proctor and Gamble Co.
Mr. John A. Baker, Senior Manager Merchandise Compliance/Regulations, Pier 1 Imports
Mr. Richard Davis, Manager, Product Safety and Compliance, Fort James Corporation
Summary: The panel described the variety and global nature of their industry. The panel highlighted the significant disparities that exist in legal labeling requirements among trading partners and that are complicated by differences in quantity units, language, formats, and environmental issues. The panel presented three recommendations for the benefit of the industry and consumers for consideration by the Seminar participants: (1) allow metric only net content statements on product labels in the United States, (2) work toward establishing an agreement or guideline to permit the use of a standard label, and (3) seek to establish clear rules that change less frequently and that can be easily adaptable and understood.
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Hemispheric Issues
The last sessions of the Seminar were held on Thursday, July 20. Prior to these last meetings, each participant was requested to submit proposals on Wednesday for a discussion of "Hemispheric Issues." The proposals were to be based on the issues raised during the Seminar in the formal presentations and discussions.
Ehrlich and Chappell led the discussions. The hemispheric issues identified as being important with regard to establishing effective cooperation were as follows:
• providing basic information about legal metrology in each country including:
• the responsible person and body concerning the regulation of measuring instruments
• requirements for manufacturers to sell instruments for legal-for-trade applications
• a database of legal requirements
• establishing mutual arrangements for developing confidence in weighing and measuring instrumentation sold in various countries
• conducting periodic forums and training • harmonizing regulations for legal metrology including:
• procedures for testing and verifying instruments (when appropriate)
• labeling and net content requirements for prepackages • providing information on the status of the legal metrology infrastructure
• laws and regulations
• administrative procedures
• type evaluation (inspection and tests)
• verification
• using and applying uniform terms and definitions
• considering cultural and political factors
• providing materials to convey the importance of legal metrology to political leaders and the public
• funding
• coordinating work with regional development authorities
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Regional Legal Metrology Activities
Chappell gave a presentation on "Regional Legal Metrology Activities." He pointed out the benefits derived from regional cooperation including: (a) strengthening trading partners, (b) assisting developing countries, (c) increasing competence and confidence among participants, (d) enhancing market opportunities for competent instrument manufacturers and producers of prepackaged products, and (e) facilitating continued partnership and global influence.
The regional activities covered were (1) the Asia-Pacific Legal Metrology Forum (APLMF), (2) European Cooperation in Legal Metrology (WELMEC), (3) Southern Africa Development Community Cooperation in Legal Metrology (SADCMEL), and (4) the Working Group on Legal Metrology within the Inter-American Metrology System (SIM). The membership, functions, and objectives of these organizations were briefly discussed.
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Seminar Resolutions
Draft resolutions were presented based on consideration of the presentations and the hemispheric issues discussed. Dr. Ehrlich reviewed each resolution with participants. After being edited during the discussions, the following resolutions were unanimously adopted:
- An inquiry should be distributed to develop a listing ofthe national responsible body for legal measuring instruments in eachmember state of the Organization of American States (OAS).
Note: the instruments listed initially and addressed in the other resolutionsshould be non-automatic weighing instruments, meters for measuring liquids,and vehicular fuel dispensers.
- An inquiry should be distributed to OAS member states todetermine the metrological and technical requirements that measuringinstruments must meet in order for a manufacturer or importer to marketthose instruments for legal-for-trade applications.
- A Mutual Acceptance Arrangement (MAA) for type evaluationof measuring instruments should be developed for voluntary considerationin the Americas based on the ongoing work on this subject in OIML. ThisMAA is intended to develop confidence among participants that includesthose that accept and issue test reports and certificates of conformityand those that only accept test reports and certificates.
- A draft procedure of general requirements for initial verificationshould be prepared for consideration in harmonizing such procedureswithin the Americas.
- Training courses should be developed and implemented forthe testing of measuring instruments during initial and subsequent verification.
- An inquiry should be distributed to OAS member states requestingcopies of (or references to Internet sites containing) their laws onlegal metrology.
- OIML should be requested to give priority for the revisionof Document 1 "Law on Metrology."
- An inquiry should be distributed to OAS member states requesting:(a) copies of their packaging and labeling laws and regulations (orreferences to Internet sites containing this information) and (b) anidentification of the responsible bodies.
- Training courses should be developed for implementing packagingand labeling based on the requirements of OIML Recommendations R79 "LabelingRequirements for Prepackaged Products" and R87 "Net Content in Prepackages."
- Information should be exchanged among the member states toeducate consumers and others in the area of legal metrology.
- These resolutions shall be submitted to the SIM Working Groupon "legal metrology" for consideration in implementing them within theirscope of their work by December 31, 2000. Consideration shall be givento pursue those items not to be covered by the SIM working group.
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SIM Working Group on Legal Metrology
A meeting of the SIM Working Group on Legal Metrology was held after the Seminar. It was chaired by Mr. Cezar da Silva (Brazil). The other official representatives participating in the Working Group meeting were Mr. Edgar Sanchez (Costa Rica), Mr. Edwin Pineiros (Ecuador), Ms. Ernestine Horsham (Jamaica), Mr. Luis A. Garcia y Santos (Uruguay), and Dr. Charles Ehrlich (U.S.A.). All other participants in the Seminar were observers at the meeting.
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Annex A
List of Participants
Argentina
Horacio M. P. Ferrandez, Director, Direccion Nacional de Comercio Interior, Secretaria de Industria, Comercio y Mineria
Brazil
Cezar Luiz Leal Moreira da Silva, Technical Manager, Legal Metrology Directorate, INMETRO
Pedro A. Da Ros, Engineering Manager, Toledo do Brasil Industria de Balanças Ltda
Canada
Alan E. Johnston, President, Measurement Canada
Gilles Vinet, Vice President, Program Development, Measurement Canada
Chile
Maria Cristina Leiva, Profesional Universitario, Servicio Nacional del Consumidor (SERNAC)
Columbia
Carlos German Caycedo Espinel, Superintendencia Delegado para la Proteccion del Consumidor Superintendencia de Industria y Comercio
Costa Rica
Edgar Sanchez, Volume and Density Laboratory Coordinator, National Bureau of Standards and Measures, Economy Ministry
Ecuador
Edwin Pineiros, Technician, Instituto Ecuatoriano de Normalizacion (INEN)
El Salvador
Miguel Tévez, National Metrology Lab Chief, Laboratorio de Metrología Legal Facultad de Ingeniería y Arquitectura, Ciudad Universitaria
Jamaica
Ernestine Horsham, Head, Legal Metrology Department, Jamaica Bureau of Standards
Peru
Bartolome Henry Postigo Linares, Sub Jefe del Servicio Nacional de Metrologia, Instituto Nacional de Defensa de la Competencia y de la Proteccion de la Propiedad Intelectual (INDECOPI)
Uruguay
Luis A. Garcia y Santos, Laboratorio Tecnologico del Uruguay (LATU)
United States of America
Charles D. Ehrlich, Chief, Technical Standards Activities Program, NIST
Ken Butcher, Technical Standards Activities Program, NIST
Wayne Stiefel, Technical Standards Activities Program, NIST
Samuel E. Chappell, Consultant to NIST
Henry Oppermann, Chief, Weights and Measures Program, NIST
Tina Butcher, Weights and Measures Program, NIST
Venezuela
Maria Milagros Toro, Directora Nacional de Metrologia Ministerio de Produccion y Comercio Horacio PeZ a Vigas, Director General, SENCAMER
Participants Representing U.S. Manufacturers and Industry
Daryl Tonini, Scale Manufacturers Association, Inc.
Darrell Flocken, Mettler-Toledo, Inc.
Quenton Olson, Tedea Huntleigh
Gary Lameris, Hobart Corporation
Jeff Kelly, Hoffer Flow Controls, Inc
John Skuce, Manager, FMC Management Solutions
Robert M. Traettino, Liquid Control, LLC
Michael Keilty, Micro Motion, Inc.
Richard Tucker, Manager Approvals, Tokheim Corporation
Gordon Johnson, Manager Regulatory Affairs, Marconi Commerce Systems, Inc
Mike Gallo, Wayne Division – Dresser Industries
Christopher Guay, Proctor and Gamble Co.
John A. Baker, Pier 1 Imports
Richard Davis, Fort James Corporation
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