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H-44 (Continued)

N. NOTES. (Applicable with respect to the testing of wire and cordage-measuring devices.) [1969]

N.1. TESTING MEDIUM.-A wire or cordage-measuring device shall be tested with a steel tape not less than 1/2 inch in width and at least 50 feet in length. The tape shall have a smooth surface or intaglio figures and graduations (i.e., the figures and graduations shall not be raised). When a wire or cordage-measuring device cannot be tested in such a manner because of the design of the device, it shall be tested with a kink-free length of No. 12 vinyl-covered electrical wire appropriately marked and compared at frequent periodic intervals with a calibrated steel tape at various increments from 20 through 50 feet. [1969]

N.2. MINIMUM TEST.-Tests shall be conducted at a minimum initial increment of 20 feet and appropriate increments up to at least 50 feet. [1969]

T. TOLERANCES. (Applicable with respect to the performance of wire and cordage-measuring devices.) [1969]

T.1. TOLERANCE VALUES.-Maintenance and accepttolerances shall be as shown in table 1.

TABLE 1.-MAINTENANCE AND ACCEPTANCE TOLERANCES
FOR WIRE AND CORDAGE-MEASURING DEVICES

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UR. USER REQUIREMENTS. (Applicable with respect to the installation and use of wire and cordage-measuring devices. [1969]

UR.1. INSTALLATION REQUIREMENTS.

UR.1.1. INSTALLATION. A wire or cordage-measuring device shall be securely supported and firmly fixed in position. [1969]

UR.2. USE REQUIREMENTS.

UR.2.1. LIMITATION OF USE.-A wire or cordagemeasuring device shall be used to measure only those materials that it was designed to measure, and in no case shall it be used to measure a material that a marking on the device indicates should not be measured. [1969]

UR.2.2. RETURN TO ZERO.-The primary indicating elements of a wire or cordage-measuring device shall be returned to zero before each measurement. [1969]

UR.2.3. OPERATION OF DEVICE.-A wire or cordagemeasuring device shall not be operated in such a manner as to cause slippage or inaccurate measurement. [1969] UR.2.4. CLEANLINESS.-The measuring elements of a wire or cordage-measuring device shall be kept clean to prevent buildup of dirt and foreign material that would adversely affect the measuring capability of the device. [1969]

Pages 141-144

Excerpts from Various Laws

Fair Packaging and Labeling Act, Public Law 89-755 (80 Stat. 1296) Section 4 ( 80 Stat. 1297 & 1298)

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SEC. 4. (a) No person subject to the prohibition contained in section 3 shall distribute or cause to be distributed in commerce any packaged consumer commodity unless in conformity with regulations which shall be established by the promulgating authority pursuant to section 6 of this Act which shall provide that

(1) The commodity shall bear a label specifying the identity of the commodity and the name and place of business of the manufacturer, packer, or distributor;

(2) The net quantity of contents (in terms of weight, measure, or numerical count) shall be separately and accurately stated in a uniform location upon the princípal display panel of that label;

(3) The separate label statement of net quantity of contents appearing upon or affixed to any package

(A) (i) if on a package containing less than four pounds or one gallon and labeled in terms of weight or fluid measure, shall, unless subparagraph (ii) applies and such statement is set forth in accordance with such subparagraph, be expressed both in ounces (with identification as to avoirdupois or fluid ounces) and, if applicable, in pounds for weight units, with any remainder in terms of ounces or common or decimal fractions of the pound; or in the case of liquid measure, in the largest whole unit (quarts, quarts and pints, or pints, as appropriate) with any remainder in terms of fluid ounces or common or decimal fractions of the pint or quart;

(ii) if on a random package, may be expressed in terms of pounds and decimal fractions of the pound carried out to not more than two decimal places;

(iii) if on a package labeled in terms of linear measure, shall be expressed both in terms of inches and the largest whole unit (yards, yards and feet, or feet, as appropriate) with any remainder in terms of inches or common or decimal fractions of the foot or yard;

(iv) if on a package labeled in terms of measure of area, shall be expressed both in terms of square inches and the largest whole square unit (square yards, square yards and square feet, or square feet, as appropriate) with any remainder in terms of square inches or common or decimal fractions of the square foot or square yard; (B) shall appear in conspicuous and easily legible type in distinct contrast (by typography, layout, color, embossing, or molding) with other matter on the package;

(C) shall contain letters or numerals in a type size which shall be (i) established in relationship to the area of the principal display panel of the package, and (ii) uniform for all packages of substantially the same size; and

(D) shall be so placed that the lines of printed matter included in that statement are generally parallel to the base on which the package rests as it is designed to be displayed; and

(4) The label of any package of a consumer commodity which bears a representation as to the number of servings of such commodity contained in such package shall bear a statement of the net quantity (in terms of weight, measure, or numerical count) of each such serving. (5) For purposes of paragraph (3) (A) (ii) of this subsection the term "random package" means a package which is one of a lot, shipment, or delivery of packages of the same consumer commodity with varying weights, that is, packages with no fixed weight pattern.

(b) No person subject to the prohibition contained in section 3 shall distribute or cause to be distributed in commerce any packaged consumer commodity if any qualifying words or phrases appear in conjunction with the separate statement of the net quantity of contents required by subsection (a), but nothing in this subsection or in paragraph (2) of subsection (a) shall prohibit supplemental statements, at other places on the package, describing in nondeceptive terms the net quantity of contents: Provided, That such supplemental statements of net quantity of contents shall not include any term qualifying a unit of weight, measure, or count that tends to exaggerate the amount of the commodity contained in the package.

FPLA (continued)

Section 12 (80 Stat. 1302)

EFFECT UPON STATE LAW

SEC. 12. It is hereby declared that it is the express intent of Congress to supersede any and all laws of the States or political subdivisions thereof insofar as they may now or hereafter provide for the labeling of the net quantity of contents of the package of any consumer commodity covered by this Act which are less stringent than or require information different from the requirements of section 4 of this Act or regulations promulgated pursuant thereto.

Model State Weights and Measures Law, as adopted by the
National Conference on Weights and Measures (1970)

(Almost all weights and measures statutes contain provisions which are the same as or similar to the ones listed below.)

SEC. 2. SYSTEMS OF WEIGHTS AND MEASURES.--The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized, and either one or both of these systems shall be used for all commercial purposes in the State of The definitions of basic units of weight and

measure, the tables of weight and measure, and weights and measures equivalents as published by the National Bureau of Standards are recognized and shall govern weighing and measuring equipment and transactions in the State.

SEC. 33.

BREAD.-Each loaf of bread and each unit of a twin or multiple loaf of bread made or procured for sale, kept, offered, exposed for sale, or sold, whether or not the bread is wrapped or sliced, shall weigh 1/2 pound, 1 pound, 1 1/2 pounds, or a multiple of 1 pound, avoirdupois weight, within reasonable variations or tolerances that shall be promulgated by regulation by the director: Provided, That the provisions of this section shall not apply to biscuits, buns, or rolls weighing 4 ounces or less, or to "stale bread" sold and expressly represented at the time of sale as such, and that the marking provisions of section 26 shall not apply to unwrapped loaves of bread.

SEC. 34. BUTTER, OLEOMARGARINE, AND MARGARINE.--Butter, oleomargarine, and margarine shall be offered and exposed for sale and sold by weight, and only in units of 1/4 pound, 1/2 pound, 1 pound, or multiples of 1 pound, avoirdupois weight.

Model State Weights and Measures Law (continued)

SEC. 35. FLUID DAIRY PRODUCTS.--All fluid dairy products, including out not limited to whole milk, skimmed milk, cultured milk, sweet cream, and buttermilk, shall be packaged for retail sale only in units of 1 gill, 1/2 liquid pint, 10 fluid ounces, 1 liquid pint, 1 liquid quart, 1/2 gallon, 1 gallon, 1 1/2 gallons, 2 gallons, 2 1/2 gallons, or multiples of 1 gallon: Provided, That packages in units of less than 1 gill shall be permitted: And provided further, That sour cream and yogurt shall be sold in terms of weight, and sour cream shall be packaged for retail sale only in units of 4, 8, 12, 16, 32, 64, and 128 ounces avoirdupois. The effective date of the requirements for the sale of sour cream and yogurt by weight shall be July 1, 1971.

SEC. 36. FLOUR, CORN MEAL, AND HOMINY GRITS.--When in package form, and when packed, kept, offered, or exposed for sale or sold, wheat flour, whole wheat flour, graham flour, self-rising wheat flour, phosphated wheat flour, bromated flour, enriched flour, enriched self-rising flour, enriched bromated flour, corn flour, corn meal, and hominy grits shall be packaged only in units of 2, 5, 10, 25, 50, or 100 pounds, avoirdupois weight: Provided, That packages in units of less than 2 pounds or more than 100 pounds shall be permitted.

United States Code 1964 Edition

15 U.S. C. 204 - Metric System Authorized

It shall be lawful throughout the United States of America
to employ the weights and measures of the metric system;
and no contract or dealing, or pleading in any court, shall
be deemed invalid or liable to objection because the weights
or measures expressed or referred to therein are weights
or measures of the metric system. (R.S. § 3569.)
(Derivation: Act July 1866, ch. 301, Section 1, 14 Stat. 339.)

Excerpt from the Report of the 47th National Conference on Weights and Measures 1962, NBS Miscellaneous Publication 244

JAPAN'S TRANSITION TO THE METRIC SYSTEM

By MITSUO TAMANO, Director, National Research Laboratory of
Metrology, Tokyo, Japan

It is a great honor for me to have been invited to this Conference
and to have an opportunity to speak to you. I would like to report
today on the recent transition to the metric system in Japan. The main
reason why I chose this subject is that Japan, as a nation which has
converted its confused measuring systems to the metric one, has a
great interest in the advancement of the metric system in the United
States. I think my brief address might give you further information
useful in your examination of the adoption of the metric system.

The weights and measures in all of Japan have been regulated by one law. This law, the "Measurement Law" we call it, controls various kinds of measuring instruments and devices when these are manufactured, repaired, and sold. At the same time, the "Measurement Law" establishes the legal measuring units and, in commercial transactions and certifications, only these units are permitted. Since January 1, 1959, the metric system has been the unique measuring system authorized in Japan. Of course, there are some exceptions in the period of transition in which units of nonmetric systems can be used, as well as the metric ones. I will discuss these exceptions later.

First I will give you a brief history of the advancement of the metric system in Japan. It was in 1891 that the regulations of weights and measures were established for the first time in the form of law. Six years earlier, Japan had already decided to sign the Treaty of the Meter, and the Treaty had been enacted in 1886. In 1890, Japan received the prototype meter and kilogram from the International Bureau of Weights and Measures in accordance with the Treaty.

In the law of 1891, the traditional measuring units "shaku" and "kan" were taken as the fundamental units. At the same time, in this law the use of the metric system was approved, and the conversion factors between these two systems were also fixed. This law came into effect in 1893, the same year in which your country approved the use of the metric system and defined the yard and pound in terms of the meter and kilogram.

Since then, there have been several amendments in this old law, and in 1909 the units of the foot-pound system were adopted also as legal. So, since 1909, Japan had three measuring systems approved as legal. The actual measurements became more and more complicated and troublesome, and a desire to unify these measuring units

arose.

In 1919, the Ministry of Agriculture and Commerce set up a Committee for Weights and Measures and Industrial Standards to investigate which measuring system was to be adopted in Japan and to study procedures for pushing the plan.

According to the advice of the committee, the Ministry decided to revise the old law and prepared a bill in which the metric system was taken as the unique measuring system. The bill passed the Diet in March 1921, and the revised law was promulgated in April of the same year. The date of enforcement of this law fixed by the Imperial Ordinance was July 1, 1924. But in the same Imperial Ordinance, the use of measuring units other than those of the metric system was also permitted as a transitional measure.

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