What is ‘Legal for Trade’?
‘Legal for Trade’ refers to a measurement system that has been evaluated and certified by the National Institute of Standards and Technology ("NIST") and the National Conference on Weights and Measures ("NCWM"). In short, Legal for Trade certification assures consumers that a measurement system’s information is reliable, accurate, and unbiased and that products bought or sold using Legal for Trade measurement systems are based on fair commercial transactions . Under applicable state weights and measures laws, Legal for Trade certification is required for all measurements of trade under the relevant laws. In addition to required standards, Legal for Trade also provides the following:
It is important to note that Legal for Trade certification is provided in two ways. First, Legal for Trade certification can be mandatory based upon state law, such as in Massachusetts Precise Measurement Systems regulations 105 CMR 450.000. Second, Legal for Trade certification can be voluntary for many other states, but nonetheless is required for commercial devices used for trade.
Regulatory Authorities and Standards
The responsibility for enforcing ‘Legal for Trade’ requirements and standards in the U.S. falls to the National Institute of Standards and Technology (NIST) under the NIST Weights and Measures Division (W&M), part of the Technology Administration of the U.S. Department of Commerce. W&M implements and enforces the National Conference on Weights and Measures specifications, regulations, and conformance requirements.
NIST also maintains the Technical NIST Handbook 133 – 3-2006 which contains the numerous requirements for ‘Legal for Trade’ devices and instruments. This handbook is the U.S. government’s official document for manufactured device specifications and test procedures, and defines a manufacturer’s declaration of conformity including weight (lb., oz., kg, gm), measure (l, L, gal, cfm, cc, mL, etc.), count (each, lbs, gal, etc.) and measure/count (cu in., ft3, in^3, sq. ft., acres, etc.). This declaration must be affixed in each measuring device, usually via a tag or label, before delivery to the purchaser. Manufacturers of ‘Legal for Trade’ equipment must also submit to initial, periodic, and random inspections by state weights and standards officials.
Equipment Requiring ‘Legal for Trade’ Certification
The types of equipment that must be "legal for trade" include: scales, price scanners, cash registers, food vending machines, gas pumps, other fuel dispensers, water dispensers, taxi meters, public scales, check-weighing scales, truck scales and all kinds of material handling equipment such as pallet jacks, platform scales, etc.
Commercially sold scales must be "legal-for-trade" in order to weigh items in a commercial transaction (buying or selling). So, if you are selling parts to your customer based on the weight of those parts, you must be using a "legal-for-trade" scale for trade accuracy to sell those parts.
The price scanner is the weight of the item plus the price. If the price scanner is not "legal-for-trade," the customer has a right to ask you to weigh the part on a certified, "legal-for-trade" scale, even if you only sell straps and buckles, not the part itself. You have to sell the part based on the weight of the strap or buckle if you’re charging the customer based on weight.
This same rule applies to the registers you use to charge the customer for the part. The register is basically a price scanner that prints out a receipt instead of beeping out the total.
Food Vending Machines require that all food products are weighed in grams, then priced out (5$ per 100 grams). If the grams are not accurate and the price is not displayed clearly on the machine, the FDA will remove your machine from the grocery store or shopping center.
If the legal requirements are not met, federal inspectors will remove the machine from the store and charge you with a misdemeanor.
The folks at Maxwell Legal can help you with which code you need.
Steps to Obtain ‘Legal for Trade’
To use a device for trade, businesses must go through a process to obtain certification as "Legal for Trade." The process is conducted by states, which accept certifications performed by third party testing laboratories. Detailed information about Legal for Trade is available on our National Institute of Standards and Technology (NIST) calibration webpage, where you can also find links to the A2LA, ISO 9000 and NIST Certificate of Calibration, including the NIST Calibration Policy Letter.
NIST recommends that calibration laboratories be accredited by the American Association for Laboratory Accreditation (A2LA), which looks at a laboratory’s quality management system and its technical skills. If you are interested in becoming accredited by A2LA, you can follow the example of our lab. The A2LA website is a good source for information about the accreditation process and requirements. A sample A2LA Quality Manual is also available. The Manual is a general guide and only outlines A2LA policies. It should be used together with the relevant A2LA Documents. You can also visit the NIST Engineering Laboratory for additional information on Legal for Trade requirements and test standards.
Advantages of Using ‘Legal for Trade’ Equipment
For businesses, purchasing equipment that is "Legal for Trade" can be the difference between running an ethical, respectable business and one that may subject them to lawsuits, fines and/or criminal charges. When considering purchases of measurement products and/or services, they should not consider just their business operations, but also what their customers will want and expect. Most consumers only want to know that they received the quality and quantity of what they paid for, and "Legal for Trade" approved equipment can ensure them that the seller is compliant with all legal and commercial standards , instilling trust with their company.
Consumers benefit from purchasing products with equipment that is "Legal for Trade." Wherever calculative processes are involved with goods and services that consumers want and need, "Legal for Trade" ensures secure and fair transactions to the consumer throughout these processes, ensuring that they are getting exactly what they think they are purchasing, and that they are not being cheated out of their money.
Simply put, "Legal for Trade" issued by the National Institute of Standards and Technology (NIST) is the right way to guarantee the safety and security of one’s business (and one’s customers) when it comes to measurements and measurements products.
Common Issues and Solutions
One common challenge for businesses is ensuring that equipment is correctly configured to meet ‘Legal for Trade’ standards. Failure to do so can lead to costly and time-consuming mistakes. Businesses should invest in staff training and utilize independent experts who can provide insights into the best practices for complying with these requirements. Another problem businesses encounter is maintaining compliance over time. Weighing equipment must be regularly calibrated and if components age or become damaged, they must be replaced in a timely manner. Investing in an effective maintenance program is crucial for keeping current with ‘Legal for Trade’ standards. A simple yet effective way to ensure that your equipment is optimized for ‘Legal for Trade’ compliance is by working with certified professionals who specialize in this area. They can help you determine the best configuration for your equipment and offer regular maintenance to keep you in compliance.
The Future of ‘Legal for Trade’ Standards
The future of ‘legal for trade’ regulations is dynamic. The general trend is to have product and/or service quality linked to process quality: Do the producers, processors, handlers, transporters and buyers provide an accurate metric or standard and are they following procedures that ensure consistent results? As investments in capital equipment and process technology have increased, so too has the desire to regulate those investments.
We already see regulators, such as the FDA’s Center for Tobacco Products in the U.S., demanding technologically advanced solutions. For example, mandatory electronic tracking of imports and exports in the global tobacco market is just one way in which evolving standards and regulations are influencing the tobacco industry’s use of technology. The expected adoption of such instruments is global and broad, as such practices are enabled and supported by standards and national metrology institutions like the International Organization of Legal Metrology (OIML), International Electrotechnical Commission (IEC) , and the International Organization for Standardization (ISO).
OIML, for example, has a specific Working Group that focuses on weighing instruments for legal metrology (TC8/SC 7). It is developing a central document that will consolidate all of those pre-existing, but disparate, standards and that incorporate the latest technological developments, which will apply to all types of weighing devices used for trade purposes, including not only mechanical and electronic scales and balances but also online continuous bulk weighers used in the transport of bulk goods.
OIML is also developing new standards and codes for mass standards, force gauges, and other related equipment. These codes and standards will recommend "legal for trade" solutions for instruments and measuring devices used in the testing and calibration of mass standards, force gauges, and all related auxiliary equipment. OIML is also working on a solution for the mass standard calibration and legal control of portable weights and measuring instruments as well as other relevant legislation.
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