Chapter 47, Article One, of the West Virginia State Code adopts the “Uniform Laws and Regulations” which apply to the areas of Package Net Contents Testing, Packaging and Labeling, Method of Sale and Pricing Scanner Accuracy.
One of the main functions of the Weights & Measures Commodities Program is to test packaged consumer commodities that are sold in retail stores to ensure that the labeled quantity is actually in the package. Applying nationally accepted test procedures (ref. “NIST Handbook 133: Checking the Net Contents of Packaged Goods”), our inspectors routinely conduct these tests on site at both retail and wholesale locations. Packages that are found short are removed from sale by inspectors, and businesses who offer short-weight products for sale to consumers may receive citations that result in stiff penalties.
Another important facet of the Commodities Program centers on our “Packaging and Labeling” and “Method of Sale” activities. Applying the specifications listed in these national guidelines (see NIST “Uniform Packaging and Labeling Regulations” and “Uniform Regulation for the Method of Sale of Commodities”), our inspectors ensure that packages offered for sale at retail and wholesale locations are both labeled properly and are sold in a manner consistent with the type of product that is in the package.
The Weights & Measures section tests retail scanner systems to ensure that consumers are not cheated at store checkouts. Inspectors randomly select up to 100 items from store shelves and scan them to ensure that the posted price is accurate with the scanner system. Stores must achieve a score of at least 98% to pass a scanner inspection. If less than 98%, inspectors must re-inspect the store more frequently until a passing score is obtained. Items that scan wrong are removed from sale until corrections are made, and citations may be issued to those stores that fail scanner accuracy tests.
If you encounter incidents of suspected short weight / measure or incorrect charges on a scanner, you should report this immediately to the store manager who should attempt to correct the problem.
If the problem is not corrected, contact Weights & Measures via Weights@wv.gov or (304)722-0602 and file a complaint.